PJC General Negligence 2022

T HEFT L IABILITY

PJC 7.2

[Include only those instructions supported by the evidence.] 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. See Tex. Penal Code §§ 6.03(a), 31.01(2), (4). Submission of conditioning instruction. The conditioning instruction should be used only if PJC 7.1 is submitted to the jury. Submission of specific conduct constituting theft. The Theft Liability Act incorporates by reference the conduct defined as theft under Texas Penal Code sec tions 31.03 (theft), 31.06 (theft by check or draft), 31.07 (theft of vehicle), 31.11 (tam pering with identification numbers), and 31.12, 31.13, and 31.14 (theft of multichannel video or information services). Depending on the specific circumstances, it might be appropriate to incorporate the statutory language of the specific provision that is most relevant to the conduct at issue. Property. If the nature of the appropriated property is disputed, the following instruction should be includ ed: “Property” means— 1. [ tangible/intangible ] personal property [ including any thing severed from land ]; or 2. real property; or 3. a document, including money, that represents or embodies anything of value. See Tex. Penal Code § 31.01(5). Effective consent rendered ineffective by deception. As an alternative to the basic instruction on theft, appropriation of property is without the consent of the owner where the consent is not effective. See Tex. Penal Code § 31.01(3). In specific circum stances, it might be appropriate to include all or part of the following instruction addressing ineffective consent:

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