Vermont Model Criminal Jury Instructions CR26-301

(MORE THAN $900), 13 V.S.A. § 2561

The State has charged (Def)_______________ with [receiving] [aiding in the concealment of] stolen property, 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)_______________ is the person who committed the crime charged;

(2) the property, (property)_______________, was stolen property;

(3) (Def)_______________ [received] [aided in the concealment of] the property;

(4) (Def)_______________ knew that the property was stolen at the time [he] [she] [received it] [aided in its concealment]; and

(5) at that time the value of the property was more than $900.

The first essential element is that (Def)_______________ is the person who committed the crime charged.

The second essential element is that the property, (property)_______________, was stolen property. Stolen property is property which has been taken, without right, from someone in lawful possession, and with the intention to keep it wrongfully. The State must have proven that the property had been stolen, but the State need not have proven who stole the property.

The third essential element is that (Def)_______________ [received] [aided in the concealment of] the property. [Receiving stolen property means that (Def)_______________ accepted possession and exercised physical control over the property. The State need not have proven actual physical possession or touching.] [Aiding in the concealment of stolen property means that (Def)_______________ assisted another under a common design or purpose to withhold and secrete the stolen property from its rightful owner. Concealment requires some act by (Def)_______________ which would make the discovery of the property more difficult, but it does not require that the property be hidden away from all view.]

The State must have proven that (Def)_______________ [received] [concealed] the property within the State of Vermont. It does not matter where the property was stolen.

The fourth essential element is that (Def)_______________ knew that the property was stolen at the time [he] [she] [received it] [aided in its concealment]. (Def)_______________ must have actually known that the property was stolen. Actual knowledge may be proven by direct or circumstantial evidence. In determining whether (Def)_______________ actually knew that the property was stolen, you should consider all of the surrounding facts and circumstances.

The last essential element is that, at the time (Def)_______________ [received it] [aided in its concealment], the value of the property was more than $900. The value means fair market value, that is, the price that a willing buyer would pay to a willing seller. 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.