IL · jury_instructions
Ill. Pattern Jury Instr. (Criminal) 13.45
Presumption Arising From Concealed Merchandise
If you find beyond a reasonable doubt that the defendant concealed upon his person or
among his belongings, unpurchased merchandise displayed, held, stored, or offered for sale in a
retail mercantile establishment, and that the defendant removed that merchandise beyond the last
known station for receiving payments for that merchandise in the retail mercantile establishment,
you may presume that the defendant acted with the intention of retaining that merchandise or
with the intention of depriving the merchant permanently of the possession, use, or benefit of
that merchandise without paying the full retail value of that merchandise.
You are never required to make this presumption. It is for the jury to determine whether
the presumption should be made.
Concealment of merchandise upon the defendant's person may be reasonably explained
by the facts and circumstances in evidence.
Removal of merchandise beyond the last known station for receiving payments ma y be
reasonably explained by the facts and circumstances in evidence.
[In considering whether concealment of merchandise upon the defendant's person or
removal of merchandise beyond the last known station for receiving payments in the retail
mercantile establishment has been reasonably explained, you are reminded that the accused need
not testify nor produce evidence.]
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
2fedec3b18e4c990e17856a4cdb14cf2a2695e2ae2b6b469de94373351332582
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