Ill. Pattern Jury Instr. (Criminal) 16.00

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553, effective June 1, 2008; P.A. 96- 529, effective August 14, 2009; P.A. 97- 1108, effective

January 1, 2013; and, P.A. 98-315, effective January 1, 2014.

Give Inst

ruction 16.02.

With res

pect to paragraph [6], the statutory language “other than as described in

subsection (b) of Section 20- 1” is disregarded because that material would not be of importance

to the jury. However, both court and counsel should be aware of this limitation.

When the cha

rge of criminal damage to property exceeding a specified value is brought,

the statute specifically states that the extent of the damage is an element of the offense to be

resolved by the trier of fact as either exceeding or not exceeding the specified value.

Accordingly, give paragraph [7] when the value of the property exceeds the specified value.

Although not s

pecifically stated in the statute, the same logic would apply to a

determination regarding the enhanced classificatio n for damage to certain specif ied property.

When the charge alleges an enhanced class of felony based on damage to a specific type of

property, as listed in sections (d)(1)(C),(G), (I), or (J), i t is the opinion of the Committee that the

trier of fact sho uld determine, as an issue in the Instruction, if the damaged property is of the

type alleged in the charge. Accordingly, use the applicable bracketed material if paragrap h [7]

when the class of the offense is enhanced based on an allegation of damage to a specific

statutorily stated type of property.

If the val

ue of the property is an issue, then separate definitional instructions, issues

instructions, and verdict forms should be given to permit the jury to resolve that dispute with its

verdict. Under these circumstances, the jury should receive instructions and verdict forms for

both the greater and lesser offenses. In addition, the name of the offense should be expanded in

each definitional instruction, issues instruction, and verdict form so as to dis tinguish the greater

offense from the lesser offense. For example, if the value of the property exceeds $300, then this

instruction would begin “A person commits the offense of criminal damage to property in excess

of $300 when he . . . .”.

For an offe

nse brought under Section 21-1 (a)(7), use Instruction 16.03. As stated in the