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Criminal Jury Instructions

Criminal Jury Instructions Home

9.1-27  Theft of Utility Service -- § 53a-127c (a) (3)

Revised to December 1, 2007

The defendant is charged [in count __] with theft of (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service for profit or economic gain.  The statute defining this offense reads in pertinent part as follows:

a person is guilty of theft of (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television)  service for profit or economic gain when (he/she) without the consent of the supplier of (a/an) (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service and with intent to defraud such supplier, engages in the business for profit or economic gain of connecting or disconnecting the meters, pipes, cables, conduits, conductors or attachments of such supplier or in any other manner tampers or connects with such meters, pipes, cables, conduits, conductors or attachments.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Business for profit or economic gain
The first element is that the defendant was engaged in a business for profit or economic gain.

Element 2 - Connected / disconnected
The second element is that the defendant, as part of this business, (connected / disconnected) the (meters / pipes / cables / conduits / conductors / attachments) of the supplier of (a/an) (electric / gas / water / steam / telecommunications / wireless radio communications / community antenna television) service.  <Identify supplier and type of service.>

Element 3 - No consent
The third element is that the defendant did not have the consent of the supplier.

Element 4 - Intent
The fourth element is that the defendant intended to defraud the supplier.  <Insert Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was engaged in a business for profit or economic gain, 2) as part of this business, (he/she) (connected / disconnected) the (meters / pipes / cables / conduits / conductors / attachments) of the supplier, 3) the supplier did not consent to the defendant's conduct, and 4) the defendant intended to defraud the supplier.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of theft of <identify service>, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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