5th Cir. Pattern Jury Instr. (Criminal) 2.31

JURISDICTION

18 U.S.C. § 661

Title 18, United States Code, Section 661, makes it a crime for anyone to take [carry away],

with intent to steal or purloin, any personal property of another, when the offense is committed

within the special maritime and territorial jurisdiction of the United States.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the personal property described in the indictment belonged to someone other

than the defendant;

Second: That the defendant took and carried away such property;

Third: That the defendant acted with intent to steal or purloin the property;

Fourth: That the offense occurred within the special maritime and territorial jurisdiction of

the United States; and

[Fifth: That the value of the property was more than $1,000.]

[Fifth: That the property was taken from the person of another.]

To “steal” means to wrongfully take money or property belonging to another with intent to

deprive the owner of its use and benefit either temporarily or permanently. Any appreciable change

of the location of the property with the intent to deprive constitutes a stealing whether or not there

is an actual removal of it from the owner’s premises.

The word “value” means the face, par, market value, or cost price, either wholesale or

retail, whichever is greater.