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Criminal Jury Instructions

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9.1-12  Larceny by Defrauding a Public Community -- § 53a-119 (6) (A) and (B) and §§ 53a-122 through 53a-123

Revised to December 1, 2007

Note:  The degree of the larceny is determined by the value of the property stolen.  See § 53a-122 (first degree: exceeds $2,000) and § 53a-123 (second degree: does not exceed $2,000).

The defendant is charged [in count __] with larceny by defrauding a public community in the (first / second) degree.  The statute defining this offense reads in pertinent part as follows:  

a person is guilty of defrauding a public community who <insert appropriate subsection:>

  • § 53a-119 (6) (A):  (authorizes / certifies / attests / files) a claim for benefits or reimbursement from a local, state or federal agency which (he/she) knows is false.

  • § 53a-119 (6) (B):  knowingly accepts the benefits from a local, state or federal agency from a claim (he/she) knows is false.

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

Element 1 - Claim for benefits1
The first element is that the defendant <insert as appropriate:>

  • (authorized / certified / attested / filed) a claim for benefits or reimbursement from a local, state or federal agency.

  • knowingly accepted the benefits of a claim from a local, state or federal agency.

<Describe specific allegations.>

Element 2 - Knowledge of falsity of claim
The second element is the defendant knew that the claim for benefits was false.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Element 3 - Larcenous intent
The third element is that the defendant intended to deprive the public community of the value of the claim.  To intend to "deprive" another of property means to intend to withhold or keep or cause it to be withheld from another permanently, or for so long a period or under such circumstances that the major portion of its value is lost to that person.  In other words, the state must prove beyond a reasonable doubt that the defendant took the property for the purpose of keeping or using it permanently or virtually permanently, or of disposing of the property in such a way that there was a permanent or virtually permanent loss of the property to the owner.

Element 4 - Value of property
The fourth element is that the value of the claim <insert as appropriate:>

First degree:  exceeded $2,000.
Second degree:  was less than $2,000.

<See Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) <insert specific allegations regarding the claim for benefits>, 2) the defendant knew the claim was false, 3) (he/she) intended to permanently deprive the agency of the value of the claim, and 4) the value of the claim (exceeded / did not exceed) $2,000.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of larceny by defrauding a public community in the (first / second) degree, 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.
_______________________________________________________

1 General Statute § 53a-119 (6) provides that a fraudulent claim shall be deemed to be property.

Commentary

Actual prejudice to the agency is not required.  State v. Waterman, 7 Conn. App. 326, 338, cert. denied, 200 Conn. 807 (1986) ("the gravamen of the offense . . . is the presentation of, or the aiding in the procuring or allowance of, a fraudulent claim").
 


 

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