The state accuses the defendant of having committed the offense of theft.

Relevant Statutes

A person commits the offense of theft if the person unlawfully appropriates property with intent to deprive the owner of the property and [the value of the property is $[amount] or more but less than $[amount]/[insert other basis for grade of offense from Texas Penal Code section 31.03(e)–(f), e.g., the property was a driver’s license]].

Definitions

Appropriate Property

A person appropriates property if the person—

1. acquires the property; or
2. otherwise exercises control over the property; or
3. brings about a transfer or purported transfer of title or any other nonpossessory interest in the property, whether that transfer or purported transfer is to the defendant or another.

Owner

“Owner” means a person who has—

1. title to the property; or
2. possession of the property, whether lawful or not; or
3. a greater right to possession of the property than the defendant.

Possession

“Possession” means actual care, custody, control, or management.

Knowing That Owner Had Not Consented

A person knows the owner of property did not consent to the person’s acquisition of that property when the person is aware that the owner did not consent.

Intent to Deprive of Property

A person has the intent to deprive another of property if the person has the conscious objective or desire to—

1. withhold the property from the owner permanently; or
2. withhold the property from the owner for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; or
3. restore the property only on payment of reward or other compensation; or
4. dispose of the property in a manner that makes recovery of the property by the owner unlikely.

Property

“Property” means—

1. [tangible/intangible] personal property [including anything severed from land]; or
2. real property; or
3. a document, including money, that represents or embodies anything of value.

Value of Property

The value of property is the fair market value at the time of the appropriation.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], appropriated property, specifically [insert specific allegations, e.g., gold coins owned by [name]] by acquiring or otherwise exercising control of the property; and
2. the appropriation was unlawful because [name], the owner, did not consent; and
3. the defendant intended to [insert specific acts, e.g., dispose of the property in a manner that would have made recovery by the owner unlikely] and thus deprive [name], the owner, of the property; and
4. [the value of the property was $[amount] or more/[insert other basis for grade of offense from Texas Penal Code section 31.03(e)–(f), e.g., the property was a driver’s license]].

You must all agree on elements 1, 2, 3, and 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, and 4 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the four elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]