NY · jury_instructions
CJI2d[NY] Penal Law § 170.47
CRIMINAL POSSESSION OF AN ANTI-SECURITY ITEM
The (specify) count is Criminal Possession of an Anti-security Item.
Under our law, a person is guilty of Criminal Possession of an Anti-security Item when with intent to steal property at a retail mercantile establishment,¹ he or she knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment.
The following terms used in that definition have a special meaning:
A RETAIL MERCANTILE ESTABLISHMENT is a place where goods, wares or merchandise are offered to the public for sale.²
INTENT means conscious objective or purpose. Thus a person acts with intent to steal property at a retail mercantile establishment when that person's conscious objective or purpose is to do so.³
POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁴
A person KNOWINGLY possesses an item designed for the purpose of overcoming detection of security markings or attachments when that person is aware that he or she is in possession of such an item.⁵
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following two elements:
1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , knowingly possessed in a retail mercantile establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment; and
2. That the defendant did so with intent to steal property at such retail mercantile establishment.
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: CRIMINAL POSSESSION OF AN ANTI-SECURITY ITEM Penal Law § 170.47 (Committed on or after Sept. 1, 1983). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
99be74297e7ad1ed77f8499f1127b85c6a429f42f0ecd3da85cb785ef338a0aa
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