Count _________ of the indictment charges
the defendant with altering a motor vehicle [trademark] [distinguishing or
identification number] [serial number or mark] in violation of a statute which
provides as follows:
A person who removes, defaces, alters,
changes, destroys, covers or obliterates any trademark, distinguishing or
identification number, serial number or mark on or from any motor vehicle for
an unlawful purpose, is guilty of a crime. . .
In order for the
defendant to be found guilty of altering a motor vehicle [trademark]
[distinguishing or identification number] [serial number or mark], the State
must prove the following elements beyond a reasonable doubt:
(1) that the defendant purposely [removed]
[defaced] [altered] [changed] [destroyed] [covered] [obliterated] any
[trademark] [distinguishing or identification number] [serial number or mark]
on or from any motor vehicle; and
(2) that
the defendant did so for an unlawful purpose.
The first element
the State must prove beyond a reasonable doubt is that the defendant purposely
[removed] [defaced] [altered] [changed] [destroyed] [covered] [obliterated] any
[trademark] [distinguishing or identification number] [serial number or mark]
on or from any motor vehicle. A “motor
vehicle” includes motor bicycles, motorcycles, automobiles, trucks, tractors or
other vehicles designed to be self-propelled by mechanical power, and otherwise
than by muscular power, except motor vehicles running upon or guided by rails
or tracks.[1]
A person acts
purposely with respect to the nature of his/her
conduct or a result thereof if it is his/her
conscious object to engage in conduct of that nature or to cause such a
result. A person acts purposely with
respect to attendant circumstances if he/she is aware of the existence of such circumstances or believes
or hopes that they exist. "With
purpose," "designed," "with design," or equivalent
terms have the same meaning.
Purpose is a
condition of the mind that cannot be seen and can only be determined by
inferences drawn from the defendant's conduct, words or acts. It is not necessary for the State to prove
the existence of such a mental state by direct evidence such as a statement by
the defendant that he/she had a particular purpose.
It is within the power of the jury to find that the proof of
purpose has been furnished beyond a
reasonable doubt by inferences which you may draw from the nature of the acts
and circumstances surrounding the conduct of the defendant as they have been
presented in the evidence you have heard and seen in this case.
The second
element the State must prove beyond a reasonable doubt is that the defendant
did so for an unlawful purpose. I have
already defined purpose for you. In this
case, the State contends that the defendant’s unlawful purpose in [removing]
[defacing] [altering] [changing] [destroying] [covering] [obliterating] the [trademark]
[distinguishing or identification number] [serial number or mark] on or from
the motor vehicle was _____________________________________________.
[Defendant, on the other hand, contends that his/her purpose in performing the act(s) with which he/she is charged was
___________________________________________________.]
If the State has
failed to prove any of the elements beyond a reasonable doubt, you must find
the defendant not guilty of altering a motor vehicle [trademark]
[distinguishing or identification number] [serial number or mark]. If the State has proven every element beyond
a reasonable doubt, you must find the defendant guilty of the crime of altering
a motor vehicle [trademark] [distinguishing or identification number] [serial
number or mark].
