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Criminal Jury Instructions

Criminal Jury Instructions Home

9.1-14  Larceny by Theft of Services -- 53a-119 (7) 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.

This offense is very broad.  Include only those portions of the statute that are relevant and tailor the instruction to the factual allegations.

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

a person is guilty of theft of services when <insert appropriate subsection:>

  • 53a-119 (7) (A):  with intent to avoid payment for restaurant services rendered, or for services rendered to (him/her) as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, (he/she) avoids such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which (he/she) knows to be false.

  • 53a-119 (7) (B) (i): with intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor or to avoid payment of the lawful charge for such transportation service which has been rendered to (him/her), (he/she) obtains such service or avoids payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay.

  • 53a-119 (7) (B) (ii):  with intent to obtain the use of equipment, including a motor vehicle, without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such use which has been permitted, (he/she) obtains such use or avoids such payment therefor by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to (his/her) name, residence, employment, or driver's license.

  • 53a-119 (7) (C): obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that (he/she) is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for (himself/herself) or a third person, (he/she) uses or diverts to the use of (himself/herself) or a third person such labor, equipment or facilities.

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

Element 1 - Avoids payment, obtains services, diverts use
The first element is that the defendant <insert specific allegations as to type of services stolen>.

Element 2 - Means
The second element is that the defendant <insert specific allegations as to the means, e.g., stealth, misrepresentation of fact>.

Element 3 - Intent
The third element is that the defendant specifically intended to (avoid payment for / derive a commercial or other benefit from) the services.  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.>

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.
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 <summarize allegations as outlined above>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of larceny by theft of services, 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.

Commentary

See generally State v. Marsala, 59 Conn. App. 135, 138-41, cert. denied, 254 Conn. 948 (2000) (bailor of car unlawfully deprived repair shop of its superior right to possession to the extent of its lien and therefore had wrongfully taken the car).
 


 

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