CR34-051 05/08/03

OPERATION WITHOUT OWNER’S CONSENT (CAUSING - GENERIC) – 23 V.S.A. § 1094

The State has charged (Def)_______________ with causing a motor vehicle to be [taken] [used] [operated] [removed], and causing it to be [operated] [driven] on a [public] [private] highway, for [his] [her] own [profit] [pleasure] [use] [purpose], 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) caused a motor vehicle to be [taken] [used] [operated] [removed] from a [garage] [stable] [building] [[place] [locality] on a [private highway] [public highway]] [park] [parkway] [street] [lot] [field] [inclosure] [space];

(3) (Def)_______________ caused a vehicle to be [operated] [driven] on a [public] [private] highway;

(4) (Def)_______________ caused the vehicle to be [operated] [driven] for [his] [her] own [profit] [pleasure] [use] [purpose];

(5) (Def)_______________ did not have the owner’s consent to cause the vehicle to be [operated] [driven] at the time and place alleged; and

(6) (Def)_______________ knew or should have know that [he] [she] did not have the owner’s consent to cause the vehicle to be [operated] [driven].

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

The second essential element is that (Def)_______________ caused a motor vehicle to be [taken] [used] [operated] [removed] from a [garage] [stable] [building] [[place] [locality] on a [private highway] [public highway]] [park] [parkway] [street] [lot] [field] [inclosure] [space].

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

[Here the word remove means to take the vehicle away from where it was.]

The third essential element is that (Def)_______________ caused the vehicle to be [operated] [driven] on a [public] [private] highway. To cause the vehicle to be [taken] [used] [operated] [removed] means that (Def)_______________’s acts directly produced the [taking] [use] [operation] [removal] of the vehicle.

[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 [except tractors used entirely for work on the farm, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, all-terrain vehicles or implements of husbandry, or tracked vehicles].

The term public highway is defined to include all parts of any roadway, street, bridge, culvert, [square, fairground] or other place open temporarily or permanently to public or general circulation of vehicles [and it also includes a way laid out under authority of law].

The fourth essential element is that (Def)_______________ caused the vehicle to be [operated] [driven] for [his] [her] own [profit] [pleasure] [use] [purpose].

The fifth essential element is that (Def)_______________ did not have the owner’s consent to cause the vehicle to be [operated] [driven] at the time and place alleged. The term consent means approval or permission by the owner for (Def)_______________ to take or operate the vehicle. The term 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.]

The last essential element is that (Def)_______________ knew or should have known that [he] [she] did not have the owner’s consent to cause the vehicle to be operated. 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] [she] 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.