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9.1-2 Larceny of a Public Record -- § 53a-119 and § 53a-124 (a) (3)
Revised to December 1, 2007
Note: Larceny of a public record is defined as third degree larceny in § 53a-124 (a) (3) regardless of the value of the property stolen.
The defendant is charged [in count __] with larceny in the third degree. The statute defining this offense reads in pertinent part as follows:
a person commits larceny in the third degree when, with intent to <insert as appropriate:>
deprive another of property,
appropriate property to (himself /herself) or a third person,
(he/she) wrongfully (takes / obtains / withholds) such property from an owner.
Larceny simply means theft or stealing. In this case, the property allegedly stolen is a public record.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Theft of property
The first element is that the
defendant wrongfully (took / obtained / withheld) property from the owner.
<See Larceny, Instruction 9.1-1, for a full explanation of this element.>
Element 2 - Larcenous intent
The second element is that at the time
the defendant (took / obtained / withheld) the property, (he/she) intended to <insert
as appropriate:>
-
permanently deprive the owner of the public record.
-
permanently appropriate the public record to (himself/herself) or a third person.
<See Larceny, Instruction 9.1-1, for a full explanation of this element.>
Element 3 - Public record
The third element is that the property
is a public record, writing or instrument kept, held or deposited according to
law with or in the keeping of any public office or public servant. <Describe
the nature of the record.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that the defendant 1) wrongfully (took / obtained / withheld) property from the owner, 2) (he/she) did so with the intent to (permanently deprive the owner of (his/her) property / permanently appropriate the property to (himself / herself) or a third person), and 3) the property was a public record.
If you unanimously find that the state has proved beyond a
reasonable doubt each of the elements of the crime of larceny in the third
degree, then you shall find the defendant guilty. On the other hand, if you
unanimously find that the state has failed to prove beyond a reasonable doubt
any of the elements, you shall then find the defendant not guilty.