Del. P.J.I. Crim. No. 11.843

THEFT BY FALSE PRETENSE

In order to find Defendant guilty of Theft by False Pretense, you must find the

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

(1) Defendant obtained property of another;

(2) Defendant created or reinforced a false impression, or prevented the other

person from acquiring information, which adversely affected that person’s judgment

about the transaction;

(3) Defendant intended to appropriate the property for Defendant’s own use;

and

(4) Defendant acted intentionally.

[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

create a false impression in another person’s mind about the transaction.

"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.