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Criminal Jury Instructions

Criminal Jury Instructions Home

9.1-25  Theft of Utility Service -- § 53a-127c (a) (1)

Revised to December 1, 2007

The defendant is charged [in count __] with theft of (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service for profit or economic gain.  The statute defining this offense reads in pertinent part as follows:

a person is guilty of theft of (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television)  service for profit or economic gain when (he/she) engages in the business for profit or economic gain of tampering or making connection with the equipment of a supplier of (a/an) (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service which is not metered or otherwise measured, in whole or in part, without the consent of such supplier, for the purpose of supplying such service on one or more occasions to two or more households.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Business for profit or economic gain
The first element is that the defendant was engaged in a business for profit or economic gain.

Element 2 - Tampered with equipment
The second element is that the defendant, as part of this business, (tampered / made connection) with the equipment of a supplier of (a/an) (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service which is not metered or otherwise measured.  <Identify supplier and type of service.>

Element 3 - No consent
The third element is that the defendant did not have the consent of the supplier.

Element 4 - Purpose
The fourth element is that the defendant (tampered / made connection) with the equipment of <identify supplier> for the purpose of supplying <identify service> on one or more occasions to two or more households.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was engaged in a business for profit or economic gain, 2) as part of this business, (he/she) (tampered / made connection) with the equipment of a supplier of (a/an) (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service which is not metered or otherwise measured, 3) the supplier did not consent to the defendant's conduct, and 4) the defendant supplied <identify service> on one or more occasions to two or more household.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of theft of <identify service>, 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.


 

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