14.1. Theft

14.1 THEFT 812.014, Fla. Stat. To prove the crime of Theft, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] knowingly and unlawfully obtained, used, endeavored to obtain, or endeavored to use th[property alleged]e of name [name . 2. [Name of defendant] did so with intent to, either temporarily or permanently, deprive [name of victim] of the right to the property or any benefit from it or to appropriate the property of [name of victim] to the defendants own use or to the use of any person not entitled to it. If you find [name of defendant] guilty of theft, you must determine by your verdict whether: a. [The value of the property taken was $100,000 or more.] b. [The property taken was cargo valued at $50,000 or more that has entered the stream of commerce from the shippers loading platform to the consignees receiving dock.] c. [The property taken was cargo valued at less than $50,000 that has entered the stream of commerce from the shippers loading platform to the consignees receiving dock.] d. ergency me dical equipment valued at $300 or more that was taken from a licensed facility or from an emergency [The property taken was emergency me e. [The value of the property taken was $20,000 or more but less than $100,000.] f. [The value of the property taken was $300 or more but less than $20,000.] g. [The value of the property taken was $100 or more but less than $300.] y taken was less than $100.] Give if applicable a will, codicil, a a fire <<<<<<<<<********>>>>>>>>>>>>> 2 a posted extinguisher.] [2000 or more pieces of fruit.] [taken from a posted Proof that a person presented false identification not current in respect to name, address, place of employment or other material aspect in connection with the leasing of personal property, or failed to return leased property within 72 hours of the termination of the leasing agreement, unless satisfactorily expained, gives rise to anl inference that the property was obtained or is now used with unlawful intent to commit theft. Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Cargo means partial or entire shipnts, containers, or cartons of property mewhich are contained in or on a trailer, motor truck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. Emergency service and care means medical screening, examination, and evaluation by a physician, or other medically appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exits, and if it does, the care, treatment or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. Licensed facility means a hospital, ambulatory surgical center, or mobile surgical facility licensed by the Florida Agency for Health Care Administration. Emergency medical aircraft or vehe micl eans any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law. "Obtains or uses" means any manner of: (a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise. (d) 1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or <<<<<<<<<********>>>>>>>>>>>>> 3 2. Other conduct similar in nature. "Endeavor" means to attempt or try. "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests and claims; and services. "Services" means anything of value resulting from a persons physical or mental labor or skill, or from the use, possession or presence of property, and includes: repairs or improvements to property; professional services; private, public or government communication, transportation, power, water or sanitation services; lodging accommodations; and admissions to places of exhibition or entertainment. "Value" means: The market value of the property at the time and place of the offense, or if that value cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. In the case of a written instrument that does not have a readily ascertainable market value, such as a check, draft or promissory note, the value is the amount due or collectible. In the case of any other instrum thentat creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation, the value is the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret. <<<<<<<<<********>>>>>>>>>>>>> 4NOTE TO JUDGE: The value in the following paragraph has been changed to $100 to reflect the offense of petit theft of the second degree. The official jury instruction still has the sum of $300 which reflects the offense of grand theft in the third degree and does not recognize the lesser offense of petit theft currently in the statute. If the exact value of the property cannot be ascertained, you should attempt to determine a minimum value. If you cannot determine the minimum value, you must find the value is less than $100. Amounts of value of separate properties, involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or several persons, may be totaled in determining the grade of the offense.