CR34-171                   05/24/23

 

AGGRAVATED OPERATION WITHOUT OWNER’S CONSENT - 23 V.S.A. § 1094(b)(3)(F)

 

            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] unlawfully [attached] [displayed], [in] [upon] the motor vehicle, registration plates other than those officially issued for it.

            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)_______________ unlawfully [attached] [displayed], [in] [upon] the motor vehicle, registration plates other than those officially issued for it. [Attaching] [Displaying] a motor vehicle plate unlawfully means that there was no legal justification to do so.

            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.