CR34-111 05/24/23
AGGRAVATED OPERATION WITHOUT OWNER’S CONSENT -- 23 V.S.A. § 1094(b)(2)
The State has charged (Def)_______________ with aggravated operation of a motor vehicle without the consent of the owner, 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) [took] [obtained] [operated] [used] [continued to operate] a motor vehicle that belonged to someone else;
(3) (Def)_______________ did not have the owner’s consent;
(4) [he] [she] acted knowingly; and
(5) the vehicle sustained $500 or more in damage during the commission of the offense.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ [took] [obtained] [operated] [used] [continued to operate] a motor vehicle that belonged to someone else.
[Here the word take means to obtain physical possession of the vehicle.]
[Here the word obtain means to acquire physical possession of the vehicle.]
[To operate a motor vehicle may mean to drive the vehicle, or it may mean to attempt to drive the vehicle. The term covers all matters and things connected with the use of a motor vehicle, whether it is in motion or at rest. Operation may be shown by a person sitting behind the wheel, with the engine running. Operation may also be shown by a person attempting to move the vehicle, whether or not the engine is running.]
The term vehicle includes all vehicles propelled or drawn by power other than muscular power [except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices].
The owner means any person [or corporation, co-partnership or association] holding legal title or a lease to the vehicle [or having an exclusive right to use or control the vehicle for a period of thirty days or more.]
Here the State alleges that (Def)_______________ [took] [obtained] [operated] [used] [continued to operate] a (vehicle)_______________ that belonged to (owner)_______________.
The third essential element is that (Def)_______________ did not have the owner’s consent to [take] [obtain] [operate] [use] [continue to operate] the vehicle, at the time and place. Consent means approval or permission by the owner.
The fourth essential element is that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident. You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [he] [she] was [taking] [obtaining] [operating] [using] [continuing to use] the vehicle without the owner’s consent. In determining whether (Def)_______________ acted knowingly, you should consider all of the surrounding facts and circumstances shown by the evidence.
The last essential element is that the motor vehicle the vehicle sustained $500 or more in damage during the commission of the offense.
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.