Del. P.J.I. Crim. No. 11.840(a)(6)

SHOPLIFTING [USE OF COMMERCIAL INSTRUMENT]

In order to find Defendant guilty of Shoplifting, you must find the State has

proved the following three (3) elements beyond a reasonable doubt:

(1) Defendant was in a store;

(2) Defendant used a commercial instrument or credit slip to take possession

of merchandise for Defendant’s own use, without paying the owner its value; and

(3) Defendant acted intentionally.

[The State contends that the (value of the merchandise is at least

$1,500/aggregate value of goods is $1,500 or more and is from three or more separate

mercantile establishments and the goods were shoplifted in the same or continuing

course of conduct). In order to find Defendant guilty, you must find beyond a

reasonable doubt the value of the merchandise is at least $1,500.

“Value” means the market value of the merchandise at the time and place of the

offense, or if that cannot be easily determined, the cost of replacing the merchandise

within a reasonable time after the crime occurred.]

“Intentionally” means it was Defendant’s conscious objective or purpose to

appropriate merchandise.

"Appropriate" means to exercise control over someone else’s property

permanently or for such an extended period of time so as to obtain a major part of the

item’s economic value.

“Deprive” means to withhold property of another person permanently or for so

extended a period or under such circumstances as to withhold a major portion of its

economic value or benefit, or with intent to restore it only upon payment of a reward

or other compensation, or to dispose of property to another person so as to make it

unlikely that the owner will recover it.