PJC General Negligence 2022

PJC 7.2

T HEFT L IABILITY

PJC 7.2 Theft of Property—Question If you answered “Yes” to Question ______ [ 7.1 ] then answer the following question. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis commit theft of Paul Payne ’s property? Don Davis committed theft if he — 1. appropriated property; and 2. the appropriation was without the [ effective ] consent of the owner; and 3. Don Davis intended to appropriate the property. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 7.2 is a broad-form question. See Tex. R. Civ. P. 277. It should be appropriate in most cases involving a claim for theft of property under the Texas Theft Liability Act, Tex. Civ. Prac. & Rem. Code §§ 134.001–.005. Source of instruction. The definition of theft is derived from Tex. Penal Code § 31.03(a), (b)(1). See also State Bar of Texas, Texas Criminal Pattern Jury Charges Online CPJC 31.2. Depending on the specific circumstances, one or more of the fol lowing definitions may apply. Definitions and elements of theft. The following definitions, derived from the Texas Penal Code, should be submitted where supported by the evidence: Don Davis appropriates property if he — 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 Don Davis or another. Don Davis intended to appropriate the property if he had the conscious objective or desire to—

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