Criminal Jury Instructions Home

9.1-20  Larceny by Library Theft -- § 53a-119 (12) and §§ 53a-122 through 53a-125b

Revised to April 23, 2010

Note:  The degree of the larceny is determined by the value of the property stolen.  See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009.  See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count __] with larceny by library theft in the (first / second / third / fourth / fifth / sixth) degree.  Larceny simply means theft or stealing.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of library theft when (he/she) <insert appropriate subsection:>

• § 53a-119 (12) (A):  conceals on (his/her) person or among (his/her) belongings a book or other archival library materials, belonging to, or deposited in, a library facility with the intention of removing the same from the library facility without authority.

• § 53a-119 (12) (A):  without authority removes a book or other archival library materials from a library facility.

• § 53a-119 (12) (B):  mutilates a book or other archival library materials belonging to, or deposited in, a library facility, so as to render it unusable or reduce its value.

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

Element 1 - Concealed, removed, mutilated library materials
The first element is that the defendant (concealed with intent to remove / removed / mutilated) a book or other archival library materials.

The statute defines the term "book or other archival library materials" to include any book, plate, picture, photograph, engraving, painting, drawing, map, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.

"Library facility" means any public library, any library of an educational institution, organization or society, any museum, any repository of public records and any archives.

<Insert appropriate definition:>

• To "conceal" means to hide, and it would include any actions that would render it more difficult to discover or identify the book. 

• To "mutilate" is to render a book imperfect by any physical act short of the total destruction of the book.  Such mutilation must render the book unusable or reduce its value.

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 - Value¹
The third element is that the property had a value that <insert as appropriate:>

First degree:  exceeded $20,000.
Second degree:  exceeded $10,000.
Third degree:  exceeded $2,000.
Fourth degree:  exceeded $1,000.
Fifth degree:  exceeded $500.
Sixth degree:  did not exceed $500.

<See Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (concealed with intent to remove / removed / mutilated) a book or other archival material from a library facility, 2) (he/she) did so intending to permanently deprive the library of its property, and 3) the value of the material was <insert value according to degree charged>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of larceny by library theft, 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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¹ If the defendant is charged with mutilating an item, the appropriate value would be the reduction in value as a result of the mutilation.