ID · jury_instructions
ICJI 554
Theft in Installments
ICJI 554 THEFT IN INSTALLMENTS
If the evidence shows that [the defendant] took, obtained, or withheld property by theft at various times from the same person; and that the value of the property taken in each theft was one thousand dollars ($1000) or less; and that the property was taken, obtained, or withheld pursuant to one overall intent or plan to commit a series of thefts; then you are to add together the values of all the property taken, obtained, or withheld pursuant to that overall intent or plan. If the total value of such property is more than one thousand dollars ($1000), then the crime is Grand Theft. The state has the burden of proving beyond a reasonable doubt that a theft is grand theft. If a theft is not grand theft, then it is petit theft.
Comment
I.C. � l8-2407(1)(b)(8).
State v. Lloyd, 103 Idaho 382, 647 P.2d 1254 (1982). The rule regarding aggregation of value only applies when several petit thefts are alleged to constitute a felony. The rule cannot be used to aggregate several felony thefts into one offense. State v. Gilbert, 112 Idaho 805, 726 P.2d 857 (Ct. App. 1987).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
ef85b29f4ca8cb1a5a9ecdcd94b455a2bc302497b0080f3c22134b1ec6aad691
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