CR50-251 08/01/25

ATTEMPTING TO TAKE A DEER FROM A PUBLIC HIGHWAY -- 10 V.S.A. § 4705(c)

The State has charged (Def)_______________ with attempting to take 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) attempted to take 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)_______________ attempted to take a wild deer. An attempt requires an open, physical act, coupled with a specific intent to take a deer. Threatening words are not enough to be an act.  You must distinguish between mere preparation, and the actual start of the criminal conduct.  Merely planning the offense, or doing some act which might be innocent in itself, is not enough.

            (Def)_______________ must have acted intentionally, and [his] [her] acts must have progressed far enough to be the beginning of the crime.  To act intentionally means to act on purpose, 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. (Def)_______________’s acts must have been part of a series of events which, if not interrupted, would have led to the completion of the crime.

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 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 third essential element is that (Def)_______________ attempted to take a deer by shooting at it with a [firearm] [muzzle loader] [bow and arrow] [crossbow].

The last essential element is that (Def)_______________ shot at a deer [or deer decoy] 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.