Del. P.J.I. Crim. No. 11.848

MISAPPLICATION OF PROPERTY

In order to find Defendant guilty of Misapplication of Property, you must find

the State has proved the following five (5) elements beyond a reasonable doubt:

(1) Defendant was in possession of the personal property of another person;

(2) Possession was the result of an agreement that the property would be

returned to the other person at a future time;

(3) Defendant sold, leased, loaned, pledged, pawned or encumbered the

property without the other person’s consent;

(4) Defendant’s action created a risk that the other person would be unable to

recover the property, or would suffer a monetary loss; and

(5) Defendant acted knowingly.

[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.]

“Knowingly” means Defendant was aware of the nature of the agreement with

the other person; was aware that the other person had not agreed to Defendant’s

misapplication of the property; and was aware that it was practically certain that the

other person would be unable to recover the property or would suffer a monetary loss.

"Personal property of another" means property, other than land, that belongs

to someone other than Defendant and Defendant does not have permission to take.