PJC General Negligence 2022

PJC 7.2

T HEFT L IABILITY

Consent to the appropriation of property is not effective if Don Davis engaged in deception and by this deception induced that con sent. Don Davis engaged in deception if— [Include only those means of deception supported by the evidence.] 1. Don Davis created or confirmed by words or conduct a false impression of law or fact that was likely to affect the judg ment of another in the transaction and Don Davis did not believe this impression of law or fact to be true; or 2. Don Davis failed to correct a false impression of law or fact that was likely to affect the judgment of another in the transac tion, Don Davis previously created or confirmed this false impres sion, and Don Davis did not believe this impression of law or fact to be true; or 3. Don Davis prevented another from acquiring information likely to affect that person’s judgment in the transaction; or 4. Don Davis promised performance that was likely to affect the judgment of another in the transaction and Don Davis either did not intend to perform or knew that he would not per form; or 5. Don Davis sold or otherwise transferred or encumbered property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment was or was not valid or was or was not a matter of official record. See Tex. Penal Code § 31.01(1) . Effective consent rendered ineffective by coercion. As an alternative to the above instruction, appropriation of property is without the consent of the owner where the consent is not effective by reason of coercion. See Tex. Penal Code § 1.07(a)(9). In certain circumstances, it might be appropriate to include the following instruction addressing ineffective consent by reason of coercion: Consent to the appropriation of property is not effective if Don Davis engaged in coercion and by this coercion induced that consent. Don Davis engaged in coercion if he threatened— [Include only those types of coercion supported by the evidence.]

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