SEQ CHAPTER \h \r 1CR50-201 04/06/07
TAKING A DEER FROM A MOTOR VEHICLE -- 10 V.S.A. § 4705(a)
The State has charged (Def)_______________ with taking a deer from a motor vehicle, 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,
(2) intentionally took a wild deer; and
(3) [he] [she] did so by shooting at it from a motor vehicle.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ intentionally took a wild deer. Taking a deer means hunting, shooting, and killing the deer.
[For a fuller definition of “taking,” from 10 V.S.A. § 4001(23), see CR50-023.]
Also, the State must have proven that (Def)_______________ took the deer intentionally. [He] [She] must have acted purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to take the deer. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.
The last essential element is that (Def)_______________ took the deer by shooting at it from a motor vehicle.
All of the 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.