Vermont Model Criminal Jury Instructions CR34-131

The State has charged (Def)_______________ with aggravated operation of 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;

(4) [he] [she] acted knowingly; and

(5) [he] [she] [attempted to alter or remove] [altered] [removed] the vehicle identification number.

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 fourth 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.

The last essential element is that (Def)_______________ [attempted to alter or remove] [altered] [removed] the vehicle identification number. The identification number means the numbers and letters on a vehicle designated by the Commissioner of Motor Vehicles for the purpose of identifying the vehicle.

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.