CR28-858 03/09/26

UNLAWFUL TRESPASS (MOTOR VEHICLE), 13 V.S.A. § 3705(c)

The State has charged (Def)_______________ with unlawful trespass, 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) entered the motor vehicle of another; and

(3) when (Def)_______________ entered the motor vehicle, [he] [she] knew that [he] [she] did not have legal authority or the consent of the person in lawful possession of the motor vehicle to do so.

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

The second essential element is that (Def)_______________ entered the motor vehicle of another.

The last essential element is that, when (Def)_______________ entered the motor vehicle, [he] [she] knew that [he] [she] did not have legal authority or the consent of the person in lawful possession of the motor vehicle to do so. Possession means actual control by physical occupation and exercise of that control.  Lawful possession means a rightful possession, authorized by law, and it means the right to exercise control over the property.  Consent is defined as words or actions by the other person, indicating a voluntary agreement that a person may enter the property. You should consider all of the evidence bearing on whether or not (Def)_______________ had been granted consent to enter the motor vehicle.

The State must have proven that (Def)_______________ knew [he] [she] did not have legal authority or the consent of the person in lawful possession to enter the motor vehicle. Actual knowledge may be proven either by means of direct or circumstantial evidence. You should consider all of the surrounding facts and circumstances.

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.