CR26-561                   05/29/13

 

THEFT OF RENTED PROPERTY (OVER $900), 13 V.S.A. § 2591(a)(2)

 

            The State has charged (Def)_______________ with theft of rented property, 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)        rented personal property, specifically (property)_______________, under a written agreement which entrusted [him] [her] with the property;

(3)        the written agreement provided for (Def)_______________ to deliver that personal property [to a particular person] [to a particular place] [at a particular time];

(4)        the written agreement also included the following notice in bold face type:

NOTICE

            FAILURE TO RETURN THE RENTAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN FIFTEEN DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY;

(5)        (Def)_______________ [converted the personal property to [his] [her] own use]

[[abandoned] [destroyed] [secreted] [appropriated] [sold] [attempted to sell [part of]] the personal property]

[[refused] [neglected] to deliver the personal property to the [person] [place] and at the time specified in the written agreement]

[[removed] [permitted the removal of] the personal property from the state]

[caused the personal property to be removed from the state];

(6)        (Def)_______________ acted without the consent of the owner, (owner)_______________; and

(7)        the value of the property was more than $900.

            The first essential element is the identity of (Def)_______________ as the person who committed the crime charged.

            The second essential element is that (Def)_______________ rented personal property, specifically (property)_______________, under a written agreement which entrusted [him] [her] with the property.

            The third essential element is that the written agreement provided for (Def)_______________ to deliver that (property)_______________ [to a particular person] [to a particular place] [at a particular time].

            The fourth essential element is that the written agreement also included the following notice in bold face type:

NOTICE

            FAILURE TO RETURN THE RENTAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN FIFTEEN DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY.

            The fifth essential element is that (Def)_______________

            [converted the personal property to [his] [her] own use.  Here to convert the personal property of another means to exercise control over it without authorization.]

            [[abandoned] [destroyed] [secreted] [appropriated] [sold] [attempted to sell [part of]] the personal property.  [To abandon property means to throw it away.] [To destroy property means to damage it beyond repair.] [To secrete property means to conceal or hide it away.] [To appropriate property means to take it and make it one’s own.]]

            [[refused] [neglected] to deliver the property to the [person] [place] and at the time specified in the written agreement.  [To refuse means to show or express unwillingness to comply.] [To neglect means to voluntarily disregard an obligation.]]

[[removed] [permitted the removal of] the personal property from the state]

            [caused the personal property to be removed from the state.  To cause something to happen means to produce it in a natural and continuance sequence, unbroken by any efficient intervening cause.  It means that the thing would not have happened but for the actions of (Def)_______________.]

            The sixth essential element is that (Def)_______________ acted without the consent of the owner, (owner)_______________.  Here consent means a voluntary agreement or permission by the owner.

            The last essential element is that the value of the property 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 any other reasonable method of determining value.  Proof of the exact value of the property is not required, but the State must have proven that the value was more than $900.

            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.