ID · jury_instructions
ICJI 514
Burglary – Knowledge of Property
ICJI 514 BURGLARY - KNOWLEDGE OF PROPERTY
To prove that the defendant intended to commit a theft inside the [place entered], the state is not required to prove that there was anything of value inside, nor must it prove that the defendant knew there was anything of value inside. Likewise, the state is not required to prove that the defendant actually stole or attempted to steal anything. The state need only prove that when the defendant entered [place entered] the defendant intended to steal anything inside that the defendant might desire to take.
Comment
State v. McCormick, 100 Idaho 111, 594 P.2d 149 (1979); State v. Dwyer, 33 Idaho 224, 191 P. 203 (1920); Matthews v. State, 113 Idaho 83, 741 P.2d 370 (Ct. App. 1987).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
68898e316edb794b75dd82e9a23b929c68f445d6f84f0a7387c6e612d95fb987
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