History of the Connecticut Judicial Seal Home Home BannerBanner

 

 


 

 

 

 

 

   
Criminal Jury Instructions

Criminal Jury Instructions Home

9.1-3  Larceny of a Secret Scientific or Technical Process, Invention or Formula -- § 53a-119 and § 53a-124 (a) (4)

Revised to December 1, 2007

Note:  Larceny of a secret scientific or technical process, invention or formula 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 secret scientific or technical process, invention or formula.

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 intended to <insert as appropriate:>

  • permanently deprive the owner of (his/her) the property.

  • permanently appropriate the property to (himself/herself) or a third person. 

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

Element 3 - Process, invention or formula
The third element is that the property consists of a (sample / culture / microorganism / specimen / record / recording / document / drawing / any article, material, device or substance) which (constitutes / represents / evidences / reflects / records) a secret scientific or technical process, invention or formula or any phase or part thereof.  A process, invention or formula is "secret" when it is not, and is not intended to be, available to anyone other than the owner or selected persons having access to it for limited purposes with (his/her) consent, and when it accords or may accord the owner an advantage over competitors or other persons who do not have knowledge or the benefit of it.  <Describe specific nature of property>.

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 consisted of <describe specific nature of property>.

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.
 


 

Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home

Common Legal Words | Contact Us | Site Map | Website Policies and Disclaimers

Copyright © 2011, State of Connecticut Judicial Branch