(1)The defendant is charged with the crime of larceny. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that the defendant took someone else’s property.
(3)Second, that the property was taken without consent.
(4)Third, that there was some movement of the property. [It does not matter whether the defendant actually kept the property or whether the property was taken off the premises].1
(5)Fourth, that at the time the property was taken, the defendant intended to permanently deprive the owner of the property.2
(6)Fifth, that the property had a fair market value at the time it was taken of:3
[Choose only one of the following unless instructing on lesser offenses:]
(a) $20,000 or more.
(b)$1,000 or more, but less than $20,000.
(c) $200 or more, but less than $1,000.
(d) some amount less than $200.
[Use the following paragraph only if applicable.]
(7)[You may add together the values of property stolen in separate incidents if part of a scheme or course of conduct within a 12-month period when deciding whether the prosecutor has proved the amount required beyond a reasonable doubt.]
Use Note
1 Use bracketed material when appropriate.
2 This is a specific intent crime.
When permanent deprivation of the victim’s property is in dispute, note the ruling in People v Harverson, 291 Mich App 171, 178, 804 NW2d 757 (2010), in which the court stated that “the intent to permanently deprive includes the retention of property without the purpose to return it within a reasonable time or the retention of property with the intent to return the property on the condition that the owner pay some compensation for its return.” When the issue is contested, the court may find it useful to expand on the definition of “permanently deprive” by giving examples such as the following:
(a)withhold property or cause it to be withheld from a person permanently, or for such a period of time that the person loses a significant part of its value, use, or benefit, or
(b)dispose of the property in such a way that it is unlikely that the owner will get it back, or
(c)keep the property with the intent to give it back only if the owner buys or leases it back, or pays a reward for it, or
(d)sell, give, promise, or transfer any interest in the property, or
(e)make the property subject to the claim of a person other than the owner.
3 The Fair Market Value Test, M Crim JI 22.1, should be given when applicable.
History
M Crim JI 23.1 (formerly CJI2d 23.1) was CJI 23:1:01; amended September, 1999, to reflect changes made by 1998 PA 311, eff. January 1, 1999.
Reference Guide
Statutes
MCL 750.356.
Case Law
People v Kyllonen, 402 Mich 135, 262 NW2d 2 (1978); People v Harverson, 291 Mich App 171, 178, 804 NW2d 757 (2010); People v Hatch, 156 Mich App 265, 401 NW2d 344 (1986); People v Long, 93 Mich App 579, 286 NW2d 909 (1979); People v Lerma, 66 Mich App 566, 239 NW2d 424 (1976); People v Wilbourne, 44 Mich App 376, 205 NW2d 250 (1973); People v Fisher, 32 Mich App 28, 188 NW2d 75 (1971); People v Alexander, 17 Mich App 30, 169 NW2d 190 (1969); People v Anderson, 7 Mich App 513, 152 NW2d 40 (1967).