N.J. Model Criminal Jury Charge, N.J.S.A. 2C:20-10d

Approved 3/23/98

UNLAWFUL TAKING OF A MEANS OF CONVEYANCE

MOTOR VEHICLE PASSENGER

(N.J.S.A. 2C:20-10d)

The Count of the Indictment charges the de fendant with the crime of unlawful use

of a means of conveyance.

(Read Indictment)

The pertinent part of the statute defe ndant is charged with violating reads:

A person commits a crime ... if he enters and rides in a motor

vehicle knowing that the motor vehi cle had been taken or is being

operated without the consent of the owner or other person

authorized to consent.

1

In order for the defendant to be found guilty of this offense, the State must prove each of

the following elements beyond a reasonable doubt:

1. A motor vehicle had been taken or wa s being operated without the consent of the

owner or other person authorized to consent.

2. The defendant entered and rode in the vehicle.

3. The defendant entered and rode in the vehicle knowing that it had been taken or

was being operated without the consent of the owner or other person authorized to

consent.

The first element that the State must prove beyond a reasonable doubt is that a motor

vehicle had been taken or was being operated wit hout the consent of the owner or other person

authorized to give consent. “Motor vehicle” includes all vehicles propelled otherwise than by

muscular power, excepting such vehicles as run only upon rails or tracks or motorized bicycles.

2

The second element is that the defenda nt entered and rode in the vehicle.

The third element requires proof that the defendant entered and rode in the vehicle

knowing that it had been taken or was being operated without the consent of the owner or

another authorized to give consent. A person acts knowingly with respect to the nature of his/her

conduct when he/she is aware that his/her conduct is of that natu re, or that such circumstances

exist, or he/she is aware of a high probability of their existence. A person acts knowingly with

1 N.J.S.A. 2C:20-10d.

2 N.J.S.A. 2C:1-14 and N.J.S.A. 39:1-1.

UNLAWFUL TAKING OF A MEANS OF CONVEYANCE

MOTOR VEHICLE PASSENGER

N.J.S.A. 2C:20-10d

respect to a result of his/her conduct, if he/she is aware that it is practically certain that his/her

conduct will cause such a result. “Knowingly,” “with knowledge” or equivalent terms have the

same meaning.

If the State has failed to prove any elem ent of the crime beyond a reasonable doubt, you

must find the defendant not guilty. If, howev er, the State has proved each element beyond a

reasonable doubt, you must find the defendant guilty.