Conn. Crim. Jury Instr. 9.1-18

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 by conversion of a motor vehicle 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 conversion of a motor vehicle who, after renting or leasing a

motor vehicle under an agreement in writing which provides for the return of such

vehicle to a particular place at a particular time, fails to return the vehicle to such

place within the time specified, and who thereafter fails to return such vehicle to the

agreed place or to any other place of business of the lessor within one hundred twenty

hours after the lessor shall have sent a written demand to (him/her) for the return of

the vehicle by registered mail addressed to (him/her) at (his/her) address as shown in

the written agreement or, in the absence of such address, to (his/her) last-known

address as recorded in the records of the motor vehicle department of the state in

which (he/she) is licensed to operate 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 - Rented or leased a motor vehicle

The first element is that the defendant (rented / leased) a motor vehicle. <Review the evidence of

the written lease and re-read or paraphrase the statutory language regarding same.>

Element 2 - Failed to return the motor vehicle

The second element is that the defendant failed to return the motor vehicle at the agreed upon

time and within 120 hours after <insert name of lessor> sent a written demand for the return of

the vehicle. <Review the evidence of the demand letter.>

Element 3 - Intent

The third element is that the defendant intended to convert the vehicle to (his/her) own use.

“Conversion” is an unauthorized assumption and exercise of the right of ownership over goods

belonging to another, to the exclusion of the owner’s rights. Even when a person’s possession of

the property was at first rightful, retention of that property can become an unlawful conversion.

“(His/Her) own use” would include selling, transferring or giving the property to another.

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 motor vehicle 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 1) the defendant (rented /

leased) a motor vehicle, 2) (he/she) failed to return the vehicle, 3) (he/she) intended to convert

the vehicle to (his/her) own use, and 4) 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 by conversion of a motor vehicle, 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.