CR26-401†††††††††††††††††† 05/29/13

 

RETAIL THEFT (TAKING MERCHANDISE, VALUE OVER $900), 13 V.S.A. ß 2575(1)

 

††††††††††† The State has charged (Def)_______________ with retail theft, 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 and carried away merchandise, specifically (merchandise)_______________;

(3)††††††† (Def)_______________ took and carried away the merchandise from a retail mercantile establishment, namely (name of establishment)_______________;

(4)††††††† (Def)_______________ intended to wrongfully deprive the merchant,† (merchant)_______________, of the lawful possession of [his] [her] [its] merchandise;

(5)††††††† the merchandise that (Def)_______________ took and carried away had a retail value of more than $900; and

(6)††††††† that (Def)_______________ did not pay the retail value of the merchandise at the time [he] [she] took and carried it away.

††††††††††† The first essential element is that (Def)_______________ is the person who committed the alleged acts.

††††††††††† The second essential element is that (Def)_______________ took and carried away merchandise, specifically (merchandise)_______________.† Merchandise means any items of tangible personal property displayed, held, stored or offered for sale.† The State must have proven that (Def)_______________ took actual physical possession and control of the property for some period of time, and that [he] [she] caused some movement of the merchandise.

††††††††††† The third essential element is that (Def)_______________ took and carried away the merchandise from a retail mercantile establishment.† A retail mercantile establishment means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment.† Here the State alleges that (Def)_______________ took and carried away (merchandise)_______________ from (name of establishment)_______________.

††††††††††† The fourth essential element is that (Def)_______________ intended to wrongfully deprive the merchant, (merchant)_______________ of the lawful possession of [his] [her] [its] merchandise.† Lawful possession means that, although (merchant)_______________ might not have had actual, physical possession of the merchandise, [he] [she] [it] had a legal right at any given time to exercise control over the merchandise through its employees until the time of retail sale.† (Def)_______________ must have taken the merchandise with the purpose and intent to deprive (merchant)_______________ of the lawful possession of [his] [her] [its] merchandise.† [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

††††††††††† The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.† In determining (Def)_______________ís intent, you should consider all of the surrounding facts and circumstances established by the evidence.

††††††††††† The fifth essential element is that the merchandise that (Def)_______________ took and carried away had a retail value of more than $900.† The term retail value means the merchantís indicated price of the merchandise at the time of the theft.

††††††††††† The last essential element is that (Def)_______________ did not pay the retail value of the merchandise at the time [he] [she] took and carried it away.† In this type of case payment occurs when a person exchanges money or other item of value, such as a good check, to the merchant, for the merchandise.

††††††††††† All of the elements of the offense must have been present at the same time.† 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.