Del. P.J.I. Crim. No. 11.849(a)

THEFT OF RENTED PROPERTY

In order to find Defendant guilty of Theft of Rented Property, you must find

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

(1) Defendant rented property from another person;

(2) Defendant knew that the rent must be paid;

(3) Defendant destroyed or wrongfully withheld the property, or

misappropriated the property by fraud, deceit or threat, to avoid payment; 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.]

[If you find any of the following facts, you are permitted, but not required, to

infer Defendant intended to commit theft:

(1) Defendant failed to return the property (or make arrangements acceptable

to the rentor or rentor’s agent) to return the property within 10 days after proper

notice, following the end of the rental contract. "Proper notice" means a written

demand by the rentor made after the end of the rental period and mailed by certified

or registered mail to Defendant at the address Defendant gave when rental contract

made, or Defendant’s last known address provided in writing by Defendant or

Defendant’s agent.

(2) Defendant returned the property but failed to make payment, at the agreed

rental rate, for the full period of the rental contract, unless Defendant had a good faith

dispute with the rentor as to whether any payment, or additional payment, was due.

(3) Defendant presented identification to the rentor that was materially false,

fictitious or not current with respect to name, address, place of employment or other

appropriate items.]

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

appropriate the rented 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 the

property’s economic value.

"Property of another" means property, other than land, belonging to someone

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