CR26-501                   05/29/13

THEFT OF SERVICES (VALUE OVER $900), 13 V.S.A. § 2582(a)

            The State has charged (Def)_______________ with theft of services, 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)        purposely obtained services, specifically (services)_______________, from (complainant)_______________;

(3)        (Def)_______________ knew that the services were only available for compensation;

(4)        the value of the services was more than $900; and

(5)        (Def)_______________ used [deception] [threat] [false token] to avoid payment for the services.

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

            The second essential element is that (Def)_______________ purposely obtained services.  To act purposely means that (Def)_______________ intended to obtain the services, and that he did not do so inadvertently, or because of mistake, or by accident.

Services includes labor, professional service, transportation, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property, and it also includes public services other than telecommunications services.  [Movable property means property the location of which can be changed, including things growing on, attached to, or found in land, and documents even though the rights they represent have no physical location.]  To obtain labor or services means to secure performance of the labor or services.  [To obtain property means to bring about a transfer or purported transfer of a legal interest in the property, whether to (Def)_______________ or to another.]

            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)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

            Here, the State alleges that (Def)_______________ purposely obtained (services)_______________ from (complainant)________________.  

            The third essential element is that (Def)_______________ knew that the services were only available for compensation.  Actual knowledge may be proven either by means of direct or circumstantial evidence.  You should consider all of the surrounding facts and circumstances.

            The fourth essential element is that the value of the services was more than $900.  The term value means fair market value, that is, the price that a willing buyer would pay to a willing seller.  You may also consider the company’s price of the services, or any other reasonable method of determining value.

            The last essential element is that (Def)_______________ used [deception] [threat] [false token] to avoid payment for the services. [Deception means an intentional use of words or conduct to give a false impression.]  [A threat means a declaration of intention or determination to inflict punishment, loss, or pain, on another, or to injure another by the commission of some unlawful act.]  [A false token may refer to a check, or a coin or other item, which does not have the value it appears to have.]

            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.