ICJI 547

ICJI 547 THEFT BY POSSESSION

In order for the Defendant to be guilty of Theft by Possession of Stolen Property, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] knowingly [received] [retained] [concealed] [obtained control over] [possessed] [disposed of] [describe property],

4. either knowing the property was stolen or under such circumstances as would reasonably induce the defendant to believe the property was stolen,

5. such property was in fact stolen, and

6. any of the following occurred:

(a) the defendant had the intent to deprive the owner permanently of the use or benefit of the property, or

(b) the defendant knowingly used, concealed or abandoned the property in such manner as to deprive the owner permanently of the use or benefit of the property, or

(c) the defendant used, concealed, or abandoned the property knowing that such use, concealment or abandonment would have probably deprived the owner permanently of the use or benefit of the property.

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.

Property is stolen when a person wrongfully takes, obtains, or withholds it from the owner with the intent to deprive the owner of the property or to appropriate it to any person other than the owner.

Comment

I.C. � 18-2403(4)

See State v. Weeks, 160 Idaho 195, 370 P.3d 398 (Ct. App. 2016) (recognizing statutory change eliminating "by another" from I.C. �18-2403(4)); State v. Mitchell, No. 46969, 2020 WL 5372307 (Idaho Ct. App. Sept. 9, 2020) (unpublished) (same).

Revised: April 21, 2023