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DCC Fact Gathering and Evidence Class

Theft Jury Instruction

The elements of the crime of <theft> are:
 
  1. That the defendant
 
  2. in the state of Colorado, at or about the date
and place charged
 
  3. knowingly
 
  a. obtained or exercised control over
 
  b. anything of value
 
  c. which was the property of another person
 
  4. [without authorization] [by threat or deception],
and
 
  [5. with intent to permanently deprive the other
person of the use or benefit of the thing of
value, and]
 
                             -or-
 
  [5. knowingly,
 
  a. used, concealed, or abandoned the thing of
value
 
  b. in such a manner as to permanently deprive
the other person of its use or benefit, and]
 
                             -or-
 
  [5. demanded
 
  a. any consideration to which he was not legally
entitled
 
  b. as a condition of restoring the thing of value
to the other person, and]
 
  [6. the value of the thing involved is [less than
fifty dollars] [fifty dollars or more, but less than
three hundred dollars] [three hundred dollars or
more but less than ten thousand dollars] [ten thousand
dollars or more]
 
                             -or-
 
  [6. the thing of value was taken
 
  a. from the person of another
 
  b. by means other than the use of force, threat,
or intimidation].
 
  [7. without the affirmative defense in instruction
number _______.]
 
  After considering all the evidence, if you decide
the prosecution has proven each of the elements
beyond a reasonable doubt, you should find the
defendant guilty of <theft>.
 
  After considering all the evidence, if you decide
the prosecution has failed to prove any one or
more of the elements beyond a reasonable-doubt,
you should find the defendant not guilty of <theft>.
 
                        NOTES ON USE
 
  This instruction is intended to be used for all the crimes of
general <theft>. The present <theft> statute is a composite of all
previous crimes titled larceny, stealing, embezzlement, false pretenses,
confidence games and shoplifting; except for embezzlement
of public moneys. Depending upon the particular act, intent, or
value in a case, there are fifty-eight possible offenses within this
instruction.
 
  The facts of the case will dictate what bracketed material should
be deleted. A choice should be made of the particular act (element
4), intent (element 5) and value (element 6) involved in each case.
Lesser values equate to lesser included offenses, and when the facts
of the case warrant it, the lesser values should not be deleted.
 
  The special verdict form from Chapter 38 should always be used
with this instruction.
 
EXAMPLE OF USE:
 
Facts:
 
  Defendant J. Doe was charged with <theft> of a diamond ring.
After all the evidence was presented, the court believed that there
was evidence that the defendant obtained the ring without authorization,
but not by threat or deception, that he intended to deprive
the owner of its use permanently, and that the value was greater
than ten thousand dollars. There is also some evidence that its
value was less than ten thousand dollars.
 
  Therefore, the following instruction would be used:
 
  The elements of the crime of <theft> are:
 
  1. That the defendant,
 
  2. in the State of Colorado, at or about the date and place
charged,
 
  3. knowingly
 
    a. obtained or exercised control over
 
    b. anything of value
 
    c. which was the property of another person,
 
  4. without authorization, and
 
  5. with intent to permanently deprive the other person of the
use or benefit of the thing of value, and
 
  6. the value of the thing involved is:
 
  three hundred dollars or more, but less than ten thousand
  dollars, or ten thousand dollars or more.
 
  [7. without the affirmative defense in instruction number
______.]
 
  After considering all the evidence, if you decide the prosecution
has proven each of the elements beyond a reasonable doubt, you
should find the defendant guilty of <theft>.
 
  After considering all the evidence, if you decide the prosecution
has failed to prove any one or more of the elements beyond a
reasonable doubt, you should find the defendant not guilty of <theft.
 
                      SOURCE & AUTHORITY
 
  C.R.S. ยง 18-4-401(1), (2), (4), and (5), as amended.
 
                  CLASSIFICATION OF OFFENSE
 
  M3 (Less than fifty dollars)
 
  M2 (Fifty or more, but less than three hundred dollars)
 
  F4 (Three hundred or more, but less than ten thousand dollars)
 
  F3 (Ten thousand dollars or more)
 
  F5 (From the person of another)


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