Vermont Model Criminal Jury Instructions CR26-061

The State has charged (Def)_______________ with grand larceny, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) stole (item or items stolen)____________________ of (owner or person in lawful possession)_______________ by an unlawful taking;

(3) the (item or items stolen)_______________ [was] [were] taken away from the actual or constructive possession of (owner or person in lawful possession)_______________;

(4) (Def)_______________ intended to deprive (owner or person in lawful possession)_______________ of [his] [her] (item or items stolen)_______________ permanently; and

(5) the value of the (item or items stolen)_______________ was more than $900.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ stole the (item or items stolen)_______________ of (owner or person in lawful possession)_______________ by an unlawful taking. A person steals if [he] [she] takes and removes personal property which [he] [she] knows belongs to someone else. The taking must occur without the owner’s consent. Also, (Def)_______________ must have taken actual physical possession and control of the [money] [property] for some period of time, and [he] [she] must have caused some movement of the property. [The State need not have proven that (Def)_______________ transported the (item or items stolen)_______________ off the owner’s premises.]

Here the State alleges that (Def)_______________ stole (item or items stolen)_______________ of (owner or person in lawful possession)_______________ by (specific acts)__________________.

The third essential element is that the (item or items stolen)_______________ was taken away from the actual or constructive possession of (owner or person in lawful possession)_______________. The term “constructive possession” means that, although a person does not have actual physical possession of the property, [he] [she] has the legal authority at any given time to exercise dominion or control over the property, either directly or through persons acting on [his] [her] behalf.

The fourth essential element is that (Def)_______________ intended to deprive (owner or person in lawful possession)_______________ of [his] [her] (item or items stolen)_______________ permanently. (Def)_______________ must have acted on purpose and with the conscious objective of permanently depriving (owner or person in lawful possession)_______________ of [his] [her] [money] [personal property]. [He] [she] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that the value of the (item or items stolen)_______________ stolen was more than $900. The term value means fair market value, that is, the price that a willing buyer would pay to a willing seller. [To determine market value for the property you may consider any reasonable method of determining value, such as replacement value reduced by depreciation during the time (owner)_______________ had the property.] On this issue you may consider the opinion of (owner)_______________ as the owner of the property, and any other evidence of the value.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.