CR34-041 05/08/03

OPERATION WITHOUT OWNER’S CONSENT (SPECIFIC) – 23 V.S.A. § 1094

The State has charged (Def)_______________ with taking a motor vehicle and operating it on a public highway, for [his] [her] own pleasure or use, without the owner’s consent.

[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 a motor vehicle [from (place)_______________];

(3) (Def)_______________ operated it on a public highway;

(4) (Def)_______________ operated the vehicle for [his] [her] own pleasure or use;

(5) (Def)_______________ did not have the owner’s consent to operate the vehicle at the time and place alleged; and

(6) (Def)_______________ knew or should have known that [he] [she] did not have the owner’s consent to operate the vehicle.

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

The second essential element is that (Def)_______________ took a motor vehicle [from (place_______________]. Here the word take means to obtain physical possession of the vehicle.

The third essential element is that (Def)_______________ operated the vehicle on a public highway.

The term operate, as applied to motor vehicles, includes driving, and it also includes an attempt to operate. The word operate covers all matters and things connected with the presence and use of motor vehicles on the highway, whether they are in motion or at rest. Operation may be shown by a person sitting behind the wheel of a motor vehicle, with the engine running. It may also be shown by a person attempting to move the vehicle, whether or not the engine is running.

The definition of motor vehicle includes all vehicles propelled or drawn by power other than muscular power.

The term public highway is defined to include all parts of any roadway, street, bridge, culvert, or other place open temporarily or permanently to public or general circulation of vehicles.

The fourth essential element is that (Def)_______________ operated the vehicle for [his] [her] own pleasure or use.

The fifth essential element is that (Def)_______________ did not have the owner’s consent to operate the vehicle at the time and place alleged. The term consent means approval or permission by the owner for (Def)_______________ to take or to operate the vehicle. The term owner means any person holding legal title or a lease to the vehicle, or having an exclusive right to use or control the vehicle.

The last essential element is that (Def)_______________ knew or should have known that [he] [she] did not have the owner’s consent to operate the vehicle. Proof of actual knowledge is not required. You may consider all the facts and circumstances in determining whether or not (Def)_______________ knew or should have known that he did not have the owner’s consent.

All of the essential elements of the offense must occur and be 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.