ID · jury_instructions
ICJI 549
Theft by Failure to Restore Lost Property
ICJI 549 THEFT BY FAILURE TO RESTORE LOST PROPERTY
In order for the defendant to be guilty of Theft by Failure to Restore Lost Property, the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] exercised control over [description of property],
4. another person was the owner of the property,
5. the property was [lost or mislaid] [or] [delivered under a mistake as to (the identity of the recipient) (or) (the nature or amount of the property)],
6. [the defendant knew or learned of the identity of the owner of the property] [or] [the defendant knew, was aware of, or learned of a reasonable method of identifying the owner of the property],
7. the defendant failed to take reasonable measures to restore the property to its owner, and
8. the defendant had the intent to deprive 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.
Comment
I.C. � 18-2403(2)(c).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
a4555a1e35351f0a28fb0b084b17f7fd8084e6ade74a145735b58f7f95b575f3
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