CR50-241 08/01/25

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

The State has charged (Def)_______________ with taking a deer by shooting at it from [within 25 feet of a public highway other than a Class 4 highway] [a Class 4 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] [muzzle loader] [bow and arrow] [crossbow]; and

(4) (Def)_______________ was [on or within 25 feet of the traveled portion of a public highway [except a public highway designated Class 4 on a town highway map]] [on or within the traveled portion of a public highway designated Class 4 on a town highway map].

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] [muzzle loader] [bow and arrow] [crossbow].

The last essential element is that (Def)_______________ shot at the deer when [he] [she] was [on or within 25 feet of the traveled portion of a public highway [except a public highway designated Class 4 on a town highway map]] [on or within the traveled portion of a public highway designated Class 4 on a town highway map].

The term public highway means roads, including Class 4 roads, shown on the highway maps of the respective towns, made by the Agency of Transportation, but does not include foot trails or private roads. The term traveled portion means that portion of the road that is customarily used for pedestrian or vehicular traffic.

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.