Criminal Jury Instructions Home

9.1-19  Larceny by Obtaining Property Through Fraudulent Use of An Automated Teller Machine -- § 53a-119 (11) 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 through the fraudulent use of an automated teller machine in the (first / second / third / fourth / fifth / sixth) degree.  The statute defining this offense reads in pertinent part as follows: 

a person obtains property through fraudulent use of an automated teller machine when (he/she) obtains property by knowingly using in a fraudulent manner an automated teller machine with intent to deprive another of property or to appropriate the same to (himself/herself) or a third person.

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

Element 1 - Obtained property
The first element is that the defendant wrongfully obtained the property of another person.

Element 2 - Fraudulent use of an ATM
The second element is that the defendant knowingly obtained the property through the fraudulent use of an automated teller machine.  "Automated teller machine" means an unmanned device at which banking transactions including, without limitation, deposits, withdrawals, advances, payments and transfers may be conducted, and includes, without limitation, a satellite device and point of sale terminal.¹  <See Intent to Defraud, Instruction 2.3-6.>

Element 3 - 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 4 - Value
The fourth element is that the property had a value that <insert as appropriate:>

First degree:  exceeded $20,000.
Second degree:  exceeded $10,000, but was less than $20,000.
Third degree:  exceeded $2,000, but was less than $10,000.
Fourth degree:  exceeded $1,000, but was less than $2,000.
Fifth degree:  exceeded $500, but was less than $1,000.
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 obtained the property of another person, 2) (he/she) did so through the fraudulent use of an automated teller machine, 3) (he/she) intended to (permanently deprive the owner of (his/her) property / permanently appropriate the property to (himself / herself) or a third person), and 4) the property had a value of <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 obtaining property through fraudulent use of an automated teller machine, 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 "Point of sale terminal" is defined in § 36-193a.

Commentary

"In any prosecution for larceny based upon fraudulent use of an automated teller machine, the crime shall be deemed to have been committed in the town in which the machine was located. In any prosecution for larceny based upon more than one instance of fraudulent use of an automated teller machine, (A) all such instances in any six-month period may be combined and charged as one offense, with the value of all property obtained thereby being accumulated, and (B) the crime shall be deemed to have been committed in any of the towns in which a machine that was fraudulently used was located."  General Statutes § 53a-119 (11).