Criminal Jury Instructions Home

9.1-4  Larceny of a Motor Vehicle -- § 53a-119 and §§ 53a-122 through 53a-124

Revised to April 23, 2010

Note:  The degree of larceny of a motor vehicle is determined by the value of the motor vehicle.  See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree).

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

a person commits larceny 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 motor vehicle.

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 motor vehicle
The first element is that the defendant wrongfully (took / obtained / withheld) a motor vehicle from the vehicle's owner.  "Motor vehicle" has its ordinary meaning and includes any (construction equipment / agricultural tractor / farm implement / major component part of a motor vehicle).¹  <Identify the type of vehicle allegedly stolen.>

<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 motor vehicle, (he/she) intended to <insert as appropriate:>

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

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

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

[<Insert if applicable:>  The statute defining the offense of theft of a motor vehicle provides that certain evidence, if believed, may be sufficient to establish intent.²  If you find that the defendant was in control of or possessed a motor vehicle that had been subject to (forcible entry / forcible removal of the ignition / alteration, mutilation or removal of the vehicle identification number), you may then find, but are not required to, that (he/she) knew or should have known that it was stolen, and that (he/she) had the intent to (deprive the owner of the vehicle / appropriate the vehicle to (himself/herself) or a third person.  The state must still prove beyond a reasonable doubt that the defendant was the person who stole the motor vehicle involved.]

Element 3 - Value of the motor vehicle
The third element is that the motor vehicle 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:  did not exceed $10,000.

"Value" means the market value of the motor vehicle at the time and place of the crime.  <Review evidence as to the value of the motor vehicle.>

<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 the defendant 1) wrongfully (took / obtained / withheld) a motor vehicle from the owner, 2) (he/she) did so with the intent to (permanently deprive the owner of (his/her) vehicle / permanently appropriate the vehicle to (himself / herself) or a third person), and 3) the value of the motor vehicle 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 in the (first / second / 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.
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¹ See General Statutes § 53a-122 (b), § 53a-123 (b) and § 53a-124 (b).  

² Id.