Vermont Model Criminal Jury Instructions CR34-031

The State has charged (Def)_______________ with operating a motor vehicle without the consent of the owner, 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) [took] [obtained] [operated] [used] [continued to operate] a motor vehicle that belonged to someone else;

(3) (Def)_______________ did not have the owner’s consent; and

(4) [he] [she] acted knowingly.

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

The second essential element is that (Def)_______________ [took] [obtained] [operated] [used] [continued to operate] a motor vehicle that belonged to someone else.

[Here the word take means to obtain physical possession of the vehicle.]

[Here the word obtain means to acquire physical possession of the vehicle.]

[To operate a motor vehicle may mean to drive the vehicle, or it may mean to attempt to drive the vehicle. The term covers all matters and things connected with the use of a motor vehicle, whether it is in motion or at rest. Operation may be shown by a person sitting behind the wheel, with the engine running. Operation may also be shown by a person attempting to move the vehicle, whether or not the engine is running.]

The term vehicle includes all vehicles propelled or drawn by power other than muscular power [except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices].

The owner means any person [or corporation, co-partnership or association] holding legal title or a lease to the vehicle [or having an exclusive right to use or control the vehicle for a period of thirty days or more.]

Here the State alleges that (Def)_______________ [took] [obtained] [operated] [used] [continued to operate] a (vehicle)_______________ that belonged to (owner)_______________.

The third essential element is that (Def)_______________ did not have the owner’s consent to [take] [obtain] [operate] [use] [continue to operate] the vehicle, at the time and place. Consent means approval or permission by the owner.

The last essential element is that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident. You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [he] [she] was [taking] [obtaining] [operating] [using] [continuing to use] the vehicle without the owner’s consent. In determining whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances shown by the evidence.

All of the essential 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.