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Criminal Jury Instructions

Criminal Jury Instructions Home

10.3-1B  Identity Theft -- 53a-129a, 53a-129b, 53a-129c, and 53a-129d

Revised to April 23, 2010; archived May 10, 2012

Note:  This instruction is for crimes committed on or after October 1, 2009 and before October 1, 2011.  For the instruction for crimes committed before October 1, 2009, see Instruction 10.3-1A in the Archive.

Note:  Identity theft is defined in 53a-129a.  The degree of identity theft depends on the value of the items obtained and the age of the victim.  See 53a-129b (first degree); 53a-129c (second degree); 53a-129d (third degree).

The defendant is charged [in count __] with identity theft in the (first / second / third) degree.  The statute defining this offense reads in pertinent part as follows:

a person commits identity theft when (he/she) knowingly uses personally identifying information of another person to obtain [or attempt to obtain], in the name of the other person, (money / credit / goods / services / property / medical information1) without the consent of such other person.

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

Element 1 - Knowingly used personal identifying information of another person

The first element is that the defendant knowingly used the personal identifying information of the complainant.  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.>

"Personal identifying information" means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of birth, mother's maiden name, motor vehicle operator's license number, Social Security number, employee identification number, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation.

Element 2 - Obtained property

The second element is that the defendant used the personal identifying information to obtain [or attempt to obtain] (money / credit / goods / services / property / medical information) in the name of the complainant.  The property that the defendant allegedly obtained in the name of <insert name of complainant> is <identify the property>.

Element 3 - Without consent

The third element is that the defendant did not have the consent of <insert name of complainant> to obtain this property in (his/her) name.  A person does an act "without consent of another person" when (he/she) lacks such other person's agreement or assent to engage in the act.  

[<Include element 4 only for first and second degree if the victim is under 60 years of age, and only for first degree if the victim is over 60 years of age.>2

Element 4 - Value of property obtained

           <If victim is over 60 years of age:> The fourth element is the value of the property obtained [or attempted to be obtained] by the defendant using <insert name of complainant>'s personal identifying information.  The value must exceed $10,000.

           <If victim is under 60 years of age:> The fourth element is the value of the property obtained [or attempted to be obtained] by the defendant using <insert name of complainant>'s personal identifying information.  The value must exceed:

           First degree:  $10,000.

           Second degree:  $5,000.

For purposes of determining whether the state has proved the alleged degree of identity theft, the value of the (money / credit / goods / services / property)  shall be ascertained as follows:  "Value" here means the market value of the goods, services, or property at the time and place of the crime.  "Market value" means the price that would, in all probability, result from fair negotiations between willing buyers and sellers at the time and place of the crime; the probability being based upon the evidence in the case.

If you can determine the price the property sold for at the time of the crime, then that is the controlling value.  If the market value cannot be determined, then you should consider the replacement cost of the goods or services within a reasonable time after the crime.]

[<Include element 5 only for first and second degree if the victim is over 60 years of age.>

Element 5 - Age of complainant

The fifth element is that the complainant was over 60 years of age at the time.]

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) knowingly used <insert name of complainant>'s personal identifying information, 2) obtained [or attempted to obtain] something of value in the name of the complainant, [and] 3) did so without the consent of <insert name of complainant>, [4) the value of the property exceeded ($10,000 / $5,000), and 5) the complainant was over 60 years of age.]

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of identity theft in the (first / second / third) 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 Medical information would only be relevant to third degree, as it has no assignable dollar value.

2 Pay close attention to the information if the offense has occurred over a period of time during which the victim turned 60 years old.  The value of the property misappropriated after the victim turns 60 must be greater than $5,000 to qualify for first degree.  If the state is charging two counts, first degree for the theft after the victim turns 60, and second degree for the theft prior to the victim's birthday, there could be complicated issues of timing that would need to be explained to the jury.


 


 

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