Operating Without Owner’s Consent

Aggravated Operation Without Consent of the Owner

Reporter’s Note

The Vermont Supreme Court has noted a requirement of general intent, i.e. that the defendant knew or should have known that he or she was operating the vehicle without the owner’s permission. In State v. Day, 150 Vt. 119 (1988), the trial court did not instruct the jury on any separate element of knowledge or intent, but the Supreme Court affirmed the conviction on the ground that the consent instruction sufficiently covered defendant’s lack-of-consent theory.  Id. at 123-24.