CR26-051 05/29/13
GRAND LARCENY (MONEY OR PERSONAL PROPERTY OVER $900), 13 V.S.A. § 2501
The State has charged (Def)_______________ with grand larceny, 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) stole [money] [personal property] of (owner or person in lawful possession)_______________ by an unlawful taking;
(3) the [money] [personal property] was taken away from the actual or constructive possession of (owner or person in lawful possession)_______________;
(4) (Def)_______________ intended to deprive (owner or person in lawful possession)_______________ of [his] [her] [money] [personal property] permanently; and
(5) the value of the stolen [money] [property] was more than $900.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ stole [money] [personal property] of (owner or person in lawful possession)_______________ by an unlawful taking. A person steals if [he] [she] takes and removes personal property which [he] [she] knows belongs to someone else. The taking must have occurred without the owner’s consent. Also, (Def)_______________ must have taken actual physical possession and control of the [money] [property] for some period of time, and [he] [she] must have caused some movement of the property. [The State need not have proven that (Def)_______________ transported the [money] [property] off the owner’s premises.]
Here the State alleges that (Def)_______________ stole (money or personal property)_______________ of (owner or person in lawful possession)_______________ by (specific acts)__________________.
The third essential element is that the [money] [personal property] was taken away from the actual or constructive possession of (owner or person in lawful possession)_______________. The term “constructive possession” means that, although a person does not have actual physical possession of the property, [he] [she] has the legal authority at any given time to exercise dominion or control over the property, either directly or through persons acting on [his] [her] behalf.
The fourth essential element is that (Def)_______________ intended to deprive (owner or person in lawful possession)_______________ of [his] [her] [money] [personal property] permanently. (Def)_______________ must have acted on purpose and with the conscious objective of permanently depriving (owner or person in lawful possession)_______________ of [his] [her] [money] [personal property]. [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)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.
The last essential element is that the value of the stolen [money] [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. [To determine market value for the property you may consider any reasonable method of determining value, such as replacement value reduced by depreciation during the time (owner)_______________ had the property.] On this issue you may consider the opinion of (owner)_______________ as the owner of the property, and any other evidence of the value.]
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.