SEQ CHAPTER \h \r 1CR51-201 06/01/06

POSSESSION OF A WILD BIRD, 10 V.S.A. § 4902

The State has charged (Def)_______________ with possession of a wild bird, 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) possessed a wild bird other than a pigeon, specifically _______________; and

(3) the possession was not authorized by law.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ possessed a wild bird other than a pigeon.  A person possesses a wild bird if he or she knowingly has direct physical control over it.  In addition, a person possesses a wild bird if he or she knowingly has the power and intent to exercise dominion or control over it, either directly or through another person.  It does not matter whether the person possesses the wild bird by himself or herself, or jointly with someone else.

The term wild bird refers to any bird that is not a domestic bird.  It may refer to a whole wild bird, or it may refer to parts of a wild bird.  There is an exception for pigeons.  Pigeons are wild birds, but it is not against the law to possess a pigeon.  Here the State alleges that (Def)_______________ possessed a _______________, which is classified as a wild bird in Vermont.

The State must have proven that (Def)_______________ intended to exercise control over the _______________.  The State need not have proven the [he] [she] knew the bird was a _______________, or that [he] [she] knew it was illegal to possess _______________.

The last essential element is that the possession was not authorized by law.  The State authorizes hunting and taking of certain “game birds” during seasons set by law. _______________ are not game birds, and there is no season for their taking.

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.