Vermont Model Criminal Jury Instructions CR26-311

The State has charged (Def)_______________ with possession 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)_______________ possessed the property without an intent to restore it to its owner or owners;

(4) (Def)_______________ knew that the property was stolen at the time [he] [she] possessed it; and

(5) at that time the property was worth 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 prove who stole the property.

The third essential element is that (Def)_______________ possessed the property without an intent to restore it to its owner or owners. A person may possess property by either actual possession or constructive possession. The person has actual possession of something if [he] [she] knowingly has direct physical control over it. [He] [she] has constructive possession of something if [he] [she] knowingly has the power and intent to exercise dominion or control over it, either directly or through another person.

The law also recognizes that possession may be sole or joint. If one person alone has actual or constructive possession of something, then that person has sole possession. If two or more persons share actual or constructive possession of something, then those persons have joint possession.

You may find that (Def)_______________ had possession of the property if the State has proven that [he] [she] had actual or constructive possession, either alone or jointly with another. The evidence need not prove that there was actual physical possession or touching of the stolen property; it is enough if (Def)_______________ exercised control, care or dominion over the property. The State must have proven that (Def)_______________ possessed the stolen property within the State of Vermont. It does not matter where the property was stolen.

As part of the third essential element, the State also must have proven that (Def)_______________ did not intend to restore the property to its owner or owners. 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 fourth essential element is that (Def)_______________ knew that the property was stolen at the time [he] [she] possessed it. (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)_______________ possessed it, 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.