UNLAWFUL TAKING OF A MEANS OF CONVEYANCE
MOTOR VEHICLE PASSENGER
(N.J.S.A. 2C:20-10d)
(Read Indictment)
The
pertinent part of the statute defendant is charged with violating reads:
A person commits a crime ... if he enters and rides in
a motor vehicle knowing that the motor vehicle had been taken or is being
operated without the consent of the owner or other person authorized to
consent.[1]
In
order for the defendant to be found guilty of this offense, the State must
prove each of the following elements beyond a reasonable doubt:
1. A
motor vehicle had been taken or was being operated without the consent of the
owner or other person authorized to consent.
2. The
defendant entered and rode in the vehicle.
3. The defendant entered and rode in the
vehicle knowing that it had been taken or was being operated without the
consent of the owner or other person authorized to consent.
The
first element that the State must prove beyond a reasonable doubt is that a
motor vehicle had been taken or was being operated without the consent of the
owner or other person authorized to give consent. “Motor vehicle” includes all vehicles
propelled otherwise than by muscular power, excepting such vehicles as run only
upon rails or tracks or motorized bicycles.[2]
The
second element is that the defendant entered and rode in the vehicle.
The
third element requires proof that the defendant entered and rode in the vehicle
knowing that it had been taken or was being operated without the consent of the
owner or another authorized to give consent.
A person acts knowingly with respect to the nature of his/her
conduct when he/she is aware that his/her
conduct is of that nature, or that such circumstances exist, or he/she is aware of a high probability of their existence. A person acts knowingly with respect to a
result of his/her
conduct, if he/she is aware that it is practically certain that his/her
conduct will cause such a result.
“Knowingly,” “with knowledge” or equivalent terms have the same meaning.
If
the State has failed to prove any element of the crime beyond a reasonable
doubt, you must find the defendant not guilty.
If, however, the State has proved each element beyond a reasonable
doubt, you must find the defendant guilty.
