Conn. Crim. Jury Instr. 9.1-2

Note: Larceny of a public record is defined as third degree larceny in § 53a-124 (a) (3)

regardless of the value of the property stolen.

The defendant is charged [in count__] with larceny in the third degree. The statute defining this

offense reads in pertinent part as follows:

a person commits larceny in the third degree 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 public

record.

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 property

The first element is that the defendant wrongfully (took / obtained / withheld) property from the

owner.

<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 property,

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

• permanently deprive the owner of the public record.

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

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

Element 3 - Public record

The third element is that the property is a public record, writing or instrument kept, held or

deposited according to law with or in the keeping of any public office or public servant.

<Describe the nature of the record.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) wrongfully

(took / obtained / withheld) property from the owner, 2) (he/she) did so with the intent to

(permanently deprive the owner of (his/her) property / permanently appropriate the property to

(himself/herself) or a third person), and 3) the property was a public record.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of larceny in the 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.