Conn. Crim. Jury Instr. 9.1-14

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.