SEQ CHAPTER \h \r 1CR50-241 04/06/07

TAKING A DEER FROM WITHIN 10 FEET OF PUBLIC HIGHWAY -- 10 V.S.A. § 4705(c)

The State has charged (Def)_______________ with taking a deer by shooting at it from within ten feet of a public highway, 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) intentionally took a wild deer;

(3) by shooting at it with a [firearm] [bow and arrow]; and

(4) (Def)_______________ was on or within ten feet of the traveled portion of a public highway.

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 third essential element is that (Def)_______________ took the deer by shooting at it with a [firearm] [bow and arrow].

The last essential element is that (Def)_______________ shot at the deer when [he] [she] was either on or within ten feet of the traveled portion of a public highway.

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].

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.