411.5 Issues on Claim | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   411 Substantive Instructions - Civil Theft 
411.5 Issues on Claim | Pdf Doc Docx | Florida_JI

Last updated: 4/8/2013

411.5 Issues on Claim

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Description

411.5 Issues on Claim The issues for you to decide on (claimant)'s claim are: a. Violation of F.S. 812.014 (Theft): whether (defendant) obtained or used [or attempted to obtain or use] the property of (claimant) with criminal intent; that is, with the intent [to deprive (claimant), either temporarily or permanently, of a [superior*] right to the property or a benefit from it] [or] [to appropriate, either temporarily or permanently, the property to the use of any person not entitled to it]; and, if so, whether (defendant)'s actions were a legal cause of [loss] [injury] or [damage] to (claimant). *The bracketed word "superior" should be used when there is evidence that the defendant took the property pursuant to a claim of right. b. Violation of F.S. 812.016 (Possession of altered property): whether (defendant) was in the business of buying and selling property and in possession of property which [he] [she] knew, or should have known, had identifying features which had been removed or altered without the consent of the manufacturer; and, if so, whether (defendant)'s actions were a legal cause of [loss] [injury] [or] [damage] to (claimant). c. Violation of F.S. 812.019 (Dealing in stolen property): whether (defendant) [trafficked] [attempted to traffic] in property and knew or should have known the property was stolen; and, if so, whether (defendant) actions were a legal cause of [loss] [injury] or [damage] to (claimant). To "traffic" means to: (1) sell or otherwise dispose of property or, (2) obtain property with the intent to sell or otherwise dispose of it.

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