Theft and Burglary

812.014 Theft

1. (Defendant) knowingly and unlawfully (obtained/used/endeavored to obtain/endeavored to use) the (description of property) of (victim).
2. He or she did so with intent to
a. deprive (victim) of his or her right to the property or any benefit from it; or
b. appropriate the property of (victim)to his or her own use or to the use of any person not entitled to it.
NOTE: The value or type of property, as designated in the statute determines the degree of the offense.

812.015(1) Retail Theft

1. (Defendant) knowingly: Give a, b, c, or d as applicable.
a. (took possession of, or carried away merchandise).
b. (altered or removed a label or price tag from merchandise).
c. (transferred merchandise from one container to another).
d. (removed a shopping cart from a merchant’s premises).
2. He or she intended to deprive the merchant of possession, use, benefit, or full retail value of the (merchandise) (shopping cart).

812.13 Robbery

1. (Defendant) took the (money or other applicable property) from the person or custody of (name of victim).
2. The taking was by force, violence or assault, or by putting (name of victim) in fear. The force or fear can occur either prior to, contemporaneous with, or subsequent to the taking of the property.
3. The property taken was of some value.
4. (Defendant) took the (money or other applicable property) from the person or custody of (name of victim) and at the time of the taking intended to permanently or temporarily deprive (name of victim) of the (money or applicable property).
NOTE: List any aggravating circumstances such as use of weapon, etc., as applicable.

810.02 Burglary

l. (Defendant) (entered/remained in) a (structure/conveyance) owned by or in the possession of (victim).
2. (Defendant) did not have the permission or consent of (victim), or anyone authorized to act for him or her, to (enter/remain in) the (structure/conveyance) at the time.
3. At the time of (entering/remaining in) the (structure/conveyance) (defendant) had a fully-formed, conscious intent to commit the offense of (allege crime) in that (structure/conveyance).
NOTE: The entry necessary need not be the whole body of the defendant. It is sufficient if the defendant extends any part of the body far enough into the [structure] [conveyance] to commit (crime alleged). NOTE: Allege any aggravating factors, as applicable, such as the defendant committed an assault or battery upon a person, that the defendant was armed, or that someone was in the structure or conveyance at the time of the offense. (This section is for enhanced penalties, depending on the case.)

810.06 Possession of Burglary Tools

1. (Defendant) has in his or her possession a (tool/machine/ implement)
2. (Defendant) intended to use the (tool/machine/implement) in the commission of a burglary or trespass.
3. (Defendant) intended to commit a burglary or trespass.
4. (Defendant) did some overt act toward the commission of a burglary or trespass.

810.08 Trespass-in Structure or Conveyance

1.a. (Defendant) willfully (entered/ remained in) a (structure/conveyance); or
b. (Defendant), having been (authorized/ licensed/invited) to (enter/ remain in) the (structure/ conveyance), willfully refused to depart after having been warned by (owner/lessee/person authorized by owner or lessee) to depart.
2. The (structure/conveyance) was in the lawful possession of (owner/lessee/authorized person).
3. (Defendant’s) act of (entering/remaining in) the property was without the permission, express or implied, of the (owner, etc.) or any other person authorized to give that permission

810.09 - Trespass-Property Other Than Structure or Conveyance

1. (Defendant) willfully (entered/ remained in) the (alleged property).
2. The property was (owned by/in the lawful possession of) (name of owner, etc.)
3. Notice not to (enter upon/remain in) that property had been given by (actual communication to defendant/posting or fencing or cultivation of the property).
4. (Defendant’s) (entering/remaining in) the property was without the permission, express or implied, of (owner, etc.) or any other person authorized to give that permission.

806.13 Criminal Mischief or Vandalism

1. (Defendant) injured or damaged (property description).
2. The property injured or damaged belonging to (person).
3. The injury or damage was done willfully and maliciously.
NOTE: Among the means by which property can be injured or damaged under the law is the placement of graffiti on it or other acts of vandalism to it.

812.019(1) Dealing in Stolen Property (FENCING)

1. (Defendant) (trafficked in/endeavored to traffic in) (property alleged).
2. (Defendant) knew or should have known that (property alleged) was stolen.

812.019(2) Dealing in Stolen Property (ORGANIZING)

1. (Defendant) (initiated/ organized/ planned/ financed/ directed/ supervised/ managed) the theft of (property alleged).
2. (Defendant) trafficked in the (property alleged).
NOTE: The term “traffic” means to sell transfer, distribute, dispense, or otherwise dispose of property. It also means to buy, receive, obtain control of, or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property.