SEQ CHAPTER \h \r 1CR50-251 04/06/07
ATTEMPTING TO TAKE A DEER FROM WITHIN 10 FEET OF 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 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,
(2) attempted to take 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)_______________ 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 third essential element is that (Def)_______________ attempted to take a deer by shooting at it with a [firearm] [bow and arrow].
The last essential element is that (Def)_______________ shot at a deer [or deer decoy] 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.