Del. P.J.I. Crim. No. 11.842

THEFT [LOST OR MISLAID PROPERTY]

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

the following four (4) elements beyond a reasonable doubt:

(1) Defendant exercised control over property of another;

(2) Defendant knew the property had been lost, misplaced, or delivered under

a mistake as to the identity of the recipient, the nature, or the value) of the property;

(3) Defendant did not take reasonable steps to return the property to its owner;

and

(4) Defendant intended to appropriate the property for Defendant’s own use.

[The State contends that the value of the property is $1,500 or more. Therefore,

in order to find Defendant guilty, you must find beyond a reasonable doubt the value

of the property is $1,500 or more.

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

crime, or if that cannot be easily determined, the cost of replacing the property within a

reasonable time after the crime occurred.]

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

appropriate someone of property.

"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 its

economic value.

"Property of another" means property that belongs to someone other than

Defendant and that Defendant does not have permission to take.