14.1 THEFT

To prove the crime of Theft, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) knowingly and unlawfully [obtained or used] [endeavored to obtain or to use] the (property alleged) of (victim).

Give 2a or 2b or both as applicable.

2. [He] [She] did so with intent to, either temporarily or permanently,

a. deprive (victim) of [his] [her] right to the property or any benefit from it.

[or]

b. appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it.

Give as applicable.

If you find the defendant guilty of Theft, you must also determine if the State proved beyond a reasonable doubt that:

a. the value of the property taken was $100,000 or more.

b. the value of the property taken was $20,000 or more but less than $100,000.

c. the value of the property taken was $10,000 or more but less than $20,000.

d. the value of the property taken was $5,000 or more but less than $10,000.

e. the value of the property taken was $750 or more but less than $5,000.

f. the value of the property taken was $100 or more but less than $750.

g. the value of the property taken was less than $100.

h. the property taken was a semitrailer that was deployed by a law enforcement officer.

i. the property taken was cargo valued at $50,000 or more that has entered the stream of commerce from the shipper’s loading platform to the consignee’s receiving dock.

j. the property taken was cargo valued at less than $50,000 that has entered the stream of commerce from the shipper’s loading platform to the consignee’s receiving dock.

k. the property taken was emergency medical equipment valued at $300 or more that was taken from [a licensed facility] [an emergency medical aircraft or vehicle].

l. the property taken was law enforcement equipment valued at $300 or more that was taken from an authorized emergency vehicle.

m. (defendant), individually or in concert with one or more persons, coordinated the activities of another in committing the theft and the value of the property taken was more than $3,000.

n. the stolen property was [a will, codicil, or other testamentary instrument] [a firearm] [a motor vehicle] [a commercially farmed animal] [an aquaculture species raised at a certified aquaculture facility] [a fire extinguisher that, at the time of the taking, was installed in a building for the purpose of fire prevention and control] [2,000 or more pieces of citrus fruit] [taken from a legally posted construction site] [a stop sign] [anhydrous ammonia] [a controlled substance. Under Florida law, (name of controlled substance) is a controlled substance.]

o. the value of the property taken was $40 or more but less than $750 and was taken from [a dwelling] [the unenclosed curtilage of a dwelling].

p. the value of the property taken was $750 or more and was taken from [a dwelling] [the unenclosed curtilage of a dwelling].

q. the property was taken from [more than 20 dwellings] [the unenclosed curtilage of more than 20 dwellings].

r. the value of the property taken was less than $40 and was taken from [a dwelling] [the unenclosed curtilage of a dwelling].

Give if applicable but only in cases of grand theft. § 812.014(2)(a)3, Fla. Stat.

If you find the defendant guilty of theft, you must also determine if the State has proved beyond a reasonable doubt whether:

s. in the course of committing the theft, (defendant) used a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the theft and thereby damaged the real property of another.

t. in the course of committing the theft, (defendant) caused more than $1,000 in damage to the [real] [personal] property of another.

State of emergency. Applies only to elements b, c, d, j, k and l above.

If you find (defendant) guilty of theft, you must also determine if the State has proved beyond a reasonable doubt whether:

u. the theft was committed within a county that was subject to a state of emergency that had been declared by the governor under Chapter 252, the “State Emergency Management Act”

and

the perpetration of the theft was facilitated by conditions arising from the emergency.

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.

Give if the degree of theft is higher based on one or more priors.

It is error to inform the jury of a prior theft conviction. If the charging document contains an allegation of one or more prior theft convictions, do not read that allegation and do not send the charging document into the jury room. If the defendant is found guilty of a theft, the historical fact of a previous conviction must be determined beyond a reasonable doubt in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000).

A prior robbery conviction can be used as a predicate for felony petit theft. Grimes v. State, 724 So. 2d 614 (Fla. 5th DCA 1998).

As of October 1, 2023, a second conviction for Grand Theft Firearm is a second degree felony ranked as a level 7 scoresheet offense.

Now that you have found the defendant guilty of Theft, you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted [two or more times] of any [Theft] [Robbery] [Grand Theft of a Firearm].