SEQ CHAPTER \h \r 1CR50-211 04/06/07




The State has charged (Def)_______________ with attempting to take 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,

(1) (Def)_______________;

(2) attempted to take 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)_______________ attempted to take a wild deer.  An attempt requires an open, physical act, coupled with a specific intent to take a deer.  Taking a deer means hunting, shooting, and killing a deer.

[For a fuller definition of “taking,” from 10 V.S.A. § 4001(23), see CR50-023.]

The State must have proven that (Def)_______________ acted with an intent to take a deer. [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 a deer.  In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The State need not have proven that (Def)_______________ actually killed a deer, or even that an actual deer was present.  A person can commit the crime of attempting to take a deer, by shooting at a decoy, if the person takes a shot with the specific intent of taking a deer.

The last essential element is that (Def)_______________ made the attempt to take a deer by shooting 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.