ICJI 543

ICJI 543 THEFT BY DECEPTION

In order for the defendant to be guilty of Theft by Deception, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] obtained or exerted control over [description of property],

4. another person was the owner of such property,

5. the defendant did so by knowingly [doing one or more of the following:]

[(a)] [creating or confirming another's impression which is false and which the defendant did not believe to be true, or]

[(b)] [failing to correct a false impression which the defendant previously had created or confirmed, or]

[(c)] [preventing another person from acquiring information relevant to the disposition of the property, or]

[(d)] [[selling or otherwise transferring] [or] [granting a [security interest] [mortgage] in] the property without disclosing that another person claimed [to have [a lien] [a security interest] [a mortgage] [description of interest claimed] in] [to be the owner of] the property, whether or not such claim is valid or is a matter of official record]; [(e)] [promising performance [with no intention of performing] [or] [knowing it will not be performed];

and

6. the defendant had the intent to deprive the owner of the property or to appropriate the property to the defendant or to some person other than the owner.

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-2403(2)(a).

The use of ICJI 571 and 572 defining owner and person should be considered.