COLJI-Crim. 4-4:08.5.INT

If you find the defendant not guilty of theft, you should disregard

this instruction and sign the verdict form to indicate your not guilty

verdict.

If, however, you find the defendant guilty of theft, you must then

calculate the value of the defendant’s theft.

The value of the defendant’s theft is the difference between the value

of the public benefit received and the value of the public benefit for which

the defendant was eligible.

Once you calculate the value of the defendant’s theft, you should

answer the following verdict questions on the verdict form. Although you

may answer “No” to more than one question, you may not answer “Yes” to

more than one question. Further, if you answer “Yes” to any question, you

should not answer the other questions.

1. Was the value of the defendant’s theft less than three hundred

dollars? (Answer “Yes” or “No”)

2. Was the value of the defendant’s theft three hundred dollars or

more but less than one thousand dollars? (Answer “Yes” or

“No”)

[3. Was the value of the defendant’s theft one thousand dollars or

more but less than two thousand dollars? (Answer “Yes” or

“No”)]

[4. Was the value of the defendant’s theft two thousand dollars or

more but less than five thousand dollars? (Answer “Yes” or

“No”)]

[5. Was the value of the defendant’s theft five thousand dollars or

more but less than twenty thousand dollars? (Answer “Yes” or

“No”)]

[6. Was the value of the defendant’s theft twenty thousand dollars

or more but less than one hundred thousand dollars? (Answer

“Yes” or “No”)]

[7. Was the value of the defendant’s theft one hundred thousand

dollars or more but less than one million dollars? (Answer

“Yes” or “No”)]

[8. Was the value of the defendant’s theft one million dollars or

more? (Answer “Yes” or “No”)]

The prosecution has the burden to prove the value of the defendant’s

theft beyond a reasonable doubt.