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Kaufman Legal Group is a Pembroke Pines Traffic Criminal Defense Law Firm offering experienced Attorneys to handle individuals accused of Felony Grand Theft, Dealing in Stolen Property, ID Theft, Grand Larceny Attorney in Broward County, Miami-Dade County and Palm Beach County conveniently located in Pembroke Pines and near Hollywood, Cooper City, Davie, Plantation, Miramar and Weston, Fl.? If you were recently given a ticket or arrested for Felony Grand Theft, Dealing in Stolen Property, ID Theft, Grand Larceny Attorney
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or are facing any Felony Grand Theft, Dealing in Stolen Property, ID Theft, Grand Larceny
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charges in Fort Lauderdale, Broward County, Palm Beach County, Miami-Dade or any other part of South Florida, contact the attorneys at the Kaufman Legal Group at (954) 961-9892 for a free consultation.
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Serving all of South Florida, Dade, Broward and Palm Beach Counties
PEMBROKE PINES / MIRAMAR / HOLLYWOOD / AVENTURA / COOPER CITY/? MIAMI GARDENS / NORTH MIAMI BEACH / PEMBROKE PARK / SOUTHWEST RANCHES / WESTON / DAVIE / FT. LAUDERDALE
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THEFT AND DEALING IN STOLEN PROPERTY
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14.1 Theft
? 812.014, Fla.Stat.
14.2 Dealing in Stolen Property (Fencing)
? 812.019(1), Fla.Stat.
14.3 Dealing in Stolen Property (Organizing)
? 812.019(2), Fla.Stat.
14.4 Retail Theft
? 812.015(1), Fla.Stat.
14.5 Theft of Communications Services
? 812.15(2)(a), Fla. Stat.
14.6 Unauthorized Possession of Communication Device
? 812.15(4)(a-c), Fla. Stat.
14.7 False Verification of Ownership or False Identification to a Pawnbroker
? 539.001(8)(b)8, Fla. Stat.
14.8 Organized Fraud
?817.034(4)(a)1,2,3 Fla. Stat.
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14.1 THEFT
? 812.014, Fla. Stat.
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????????????????? To prove the crime of Theft, the State must prove the following two elements beyond a reasonable doubt:
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1.????????????????? (Defendant) knowingly and unlawfully [obtained or used] [endeavored to obtain or to use] the (property alleged) of (victim).
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2.????????????????? [He][She] did so with intent to, either temporarily or permanently,
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a.????????????????? [deprive (victim) of [his][her] right to the property or any benefit from it.]
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b.????????????????? [appropriate the property of (victim) to [his][her] own use or to the use of any person not entitled to it.]
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????????????????? Degrees.? Give as applicable.
????????????????? If you find the defendant guilty of theft, you must also determine if the State has proved beyond a reasonable doubt whether:
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a.????????????????? [the value of the property taken was $100,000 or more.]
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b.????????????????? [the value of the property taken was $20,000 or more but less than $100,000.]
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c. ????????????????? [the value of the property taken was $10,000 or more but less than $20,000.]
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d.????????????????? [the value of the property taken was $5,000 or more but less than $10,000.]
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e.????????????????? [the value of the property taken was $300 or more but less than $5,000.]
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f.????????????????? [the value of the property taken was $100 or more but less than $300.]
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g.????????????????? [the value of the property taken was less than $100.]
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h.????????????????? [the property taken was a semitrailer that was deployed by a law enforcement officer.]
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i.????????????????? [the property taken was cargo valued at $50,000 or more that has entered the stream of commerce from the shipper?s loading platform to the consignee's receiving dock.]
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j.????????????????? [the property taken was cargo valued at less than $50,000 that has entered the stream of commerce from the shipper's loading platform to the consignee's receiving dock.]
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k.????????????????? [the property taken was emergency medical equipment valued at $300 or more that was taken from [a licensed facility][an emergency medical aircraft or vehicle].]
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l.????????????????? [the property taken was law enforcement equipment valued at $300 or more that was taken from an authorized emergency vehicle.]
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m.????????????????? [(defendant), individually or in concert with one or more persons, coordinated the activities of another in committing the theft and the value of the property taken was more than $3,000.]
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n.????????????????? [the stolen property was [a will, codicil, or other testamentary instrument][a firearm][a motor vehicle][a commercially farmed animal][an aquaculture species raised at a certified aquaculture facility][a fire extinguisher][2,000 or more pieces of citrus fruit][taken from a legally posted construction site][a stop sign][anhydrous ammonia].]
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o.????????????????? [the value of the property taken was $100 or more but less than $300, and was taken from [a dwelling] [the unenclosed curtilage of a dwelling].]
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????????????????? Give if applicable but only in cases of grand theft. ? 812.014(2)(a)3, Fla. Stat.
????????????????? If you find the defendant guilty of theft, you must also determine if the State has proved beyond a reasonable doubt whether:
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??????????????????????????????????? p.????????????????? [in the course of committing the theft, (defendant) used a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the theft and thereby damaged the real property of another.]
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q.????????????????? [in the course of committing the theft, (defendant) caused more than $1,000 in damage to the [real][personal] property
????????????????? of another.]
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????????????????? State of emergency.? Applies only to elements b, c, d, j, k and l above.
????????????????? If you find (defendant) guilty of theft, you must also determine if the State has proved beyond a reasonable doubt whether:
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r.????????????????? [the theft was committed within a county that was subject to a state of emergency that had been declared by the governor under Chapter 252, the ?State Emergency Management Act?
?????????????????
????????????????? and
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????????????????? the perpetration of the theft was facilitated by conditions arising from the emergency.]
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Inferences.? Give if applicable.? ? 812.022(1), Fla. Stat.
????????????????? Proof that a person presented false identification, or identification not current in respect to name, address, place of employment, or other material aspect in connection with the leasing of personal property, or failed to return leased property within 72 hours of the termination of the leasing agreement, unless satisfactorily explained, gives rise to an inference that the property was obtained or is now used with unlawful intent to commit theft.
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????????????????? ? 812.022(2), Fla. Stat.
????????????????? Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.
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????????????????? ? 812.022(3), Fla. Stat.
Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen.
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????????????????? ? 812.022(4), Fla. Stat.
Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen.
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????????????????? ? 812.022(5), Fla. Stat.
????????????????? Proof that a dealer who regularly deals in used property possesses stolen property upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen.
?????????????????
????????????????? ? 812.022(6), Fla. Stat.
Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen.
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????????????????? Definitions.? Give if applicable.
????????????????? ? 316.003, Fla. Stat.
?Authorized emergency vehicles? are vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties.
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????????????????? ? 812.012(1), Fla. Stat.
????????????????? ?Cargo? means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility.
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????????????????? ? 812.014(2), Fla. Stat.
?Conditions arising from the emergency? means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
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????????????????? ? 810.011(2), Fla. Stat.
?Dwelling? means a building [or conveyance] of any kind, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.? For purposes of theft, a ?dwelling? includes an attached porch or attached garage.
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????????????????? ? 812.014(2)(b)3, Fla. Stat.
????????????????? ?Emergency medical aircraft or vehicle? means any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law.
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????????????????? ? 812.014(2)(b)3, Fla. Stat.
????????????????? ?Emergency medical equipment? means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies.
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????????????????? ? 395.002(10), Fla. Stat.
????????????????? ?Emergency service and care? means medical screening, examination, and evaluation by a physician, or other medically appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists, and if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility.
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? 812.014(2)(b)4, Fla. Stat., and ? 943.10, Fla. Stat.
????????????????? ?Law enforcement equipment? means any property, device, or apparatus used by a law enforcement officer in the officer?s official business.? A law enforcement officer is any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.? This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
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????????????????? ? 810.09(2)(d), Fla. Stat.
????????????????? If the construction site is greater than one acre in area, see ? 810.09(2)(d)1, Fla. Stat., and ? 810.011(5)(a), Fla. Stat.
A ?legally posted construction site? means a construction site of one acre or less in area with a sign prominently placed on the property where the construction permits are located, in letters no less than two inches in height, that reads in substantially the following manner:? ?THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.?
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????????????????? ? 395.002(17), Fla. Stat.
?Licensed facility? means a hospital, ambulatory surgical center, or mobile surgical facility licensed by the Florida Agency for Health Care Administration.? See chapter 395, Fla. Stat.
????????????????? ?????????????????
????????????????? ? 810.09(1)(b), Fla. Stat.
?Unenclosed curtilage? means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.
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????????????????? ? 812.012(3), Fla. Stat.
????????????????? ?Obtains or uses? means any manner of
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a.????????????????? Taking or exercising control over property.
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b.????????????????? Making any unauthorized use, disposition, or transfer of property.
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c.????????????????? Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
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d.????????????????? Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or other conduct similar in nature.
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????????????????? ?Endeavor? means to attempt or try.
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????????????????? ? 812.012(4), Fla. Stat.
????????????????? ?Property? means anything of value, and includes:
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[real property, including things growing on, affixed to and found in land.]
[tangible or intangible personal property, including rights, privileges, interests, claims
[services.]
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????????????????? ? 812.012(6), Fla. Stat.
????????????????? ?Services? means anything of value resulting from a person?s physical or mental labor or skill, or from the use, possession, or presence of property, and includes:
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[repairs or improvements to property.]
[professional services.]
[private, public or government communication, transportation, power,? water, or sanitation services.]
[lodging accommodations.]?????????????????
[admissions to places of exhibition or entertainment.]
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????????????????? ? 812.012(10), Fla. Stat.
????????????????? ?Value? means the market value of the property at the time and place of the offense, or if that value cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.
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????????????????? If the exact value of the property cannot be ascertained, you should attempt to determine a minimum value.? If you cannot determine the minimum value, you must find the value is less than $100.
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????????????????? Theft of an Instrument.? Give if applicable.
????????????????? In the case of a written instrument that does not have a readily ascertainable market value, such as a check, draft, or promissory note, the value is the amount due or collectible.
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????????????????? In the case of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege, or obligation, the value is the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
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????????????????? Theft of a Trade Secret.? Give if applicable.
????????????????? The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret.
?????????????????
????????????????? Theft Pursuant to One Scheme.? Give if applicable.
????????????????? Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or several persons, may be added together to determine the total value of the theft.
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Lesser Included Offense
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| GRAND THEFT ? FIRST DEGREE (PROPERTY VALUED AT $100,000 OR MORE) ? 812.014(2)(a) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Grand theft ? second degree | 812.014(2)(b) | 14.1 | |
| Grand theft ? third degree | 812.014(2)(c)1.,2.,3. | 14.1 | |
| Petit theft ? first degree | 812.014(2)(e) | 14.1 | |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
| Trade secrets | 812.081 | ||
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| GRAND THEFT ? SECOND DEGREE (PROPERTY VALUED AT $20,000 OR MORE BUT LESS THAN $100,000) ? 812.014(2)(b) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Grand theft ? third degree | 812.014(2)(c)1.,2.,3. | 14.1 | |
| Petit theft ? first degree | 812.014(2)(e) | 14.1 | |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
| Trade secrets | 812.081 | ||
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| GRAND THEFT ? THIRD DEGREE (PROPERTY VALUED AT $300 OR MORE BUT LESS THAN $20,000) ? 812.014(2)(c) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Petit theft ? first degree | 812.014(2)(e) | 14.1 | |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
| Trade secrets | 812.081 | ||
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| GRAND THEFT ? THIRD DEGREE (A MOTOR VEHICLE) ? 812.014(2) (c)6 | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| None | |||
| Trespass to conveyance | 810.08 | 13.3 | |
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| GRAND THEFT ? THIRD DEGREE (PROPERTY VALUED AT $100 OR MORE BUT LESS THAN $300 AND TAKEN FROM DWELLING)? 812.014(2)(d) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Petit theft ? first degree | ?812.014(2)(e) | 14.1 | |
| Petit theft ? second degree | None | 812.014(3)(a) | 14.1 |
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| PETIT THEFT ? FIRST DEGREE ? 812.014(2)(e) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
| None | |||
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| PETIT THEFT ? FIRST DEGREE - 812.014(3)(b) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
| None | |||
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PETIT THEFT ? SECOND DEGREE ? 812.014(3)(a)
CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.None????None
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| FELONY PETIT THEFT ? 812.014(3)(c) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Petit theft ? first degree | 812.014(3)(b) | 14.1 | |
| Petit theft ? second degree | 812.014(3)(a) | 14.1 | |
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Comment
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This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [508 So. 2d 1221], 1989 [543 So. 2d 1205], 1992 [603 So. 2d 1175], 2003 [850 So. 2d 1272], 2005 [911 So. 2d 766 and 915 So. 2d 609] and 2008.
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It is error to inform the jury of a prior theft conviction.? Therefore, if the information or indictment contains an allegation of one or more prior theft convictions, do not read that allegation and do not send the information or indictment into the jury room.? If the defendant is found guilty of a theft, the historical fact of a previous theft conviction shall be determined beyond a reasonable doubt in a bifurcated proceeding.? State v. Harbaugh, 754 So. 2d 691 (Fla. 2000).
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14.2 DEALING IN STOLEN PROPERTY (FENCING)
? 812.019(1), Fla. Stat.
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To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt:
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1. (Defendant) [trafficked in] [endeavored to traffic in] (property alleged).
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2. (Defendant) knew or should have known that (property alleged) was stolen.
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Inferences.? Give if applicable.? ? 812.022(2), Fla. Stat.
Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.
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Inferences.? Give if applicable.? ? 812.022(3), Fla. Stat.
Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen.
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Inferences.? Give if applicable.? ? 812.022(4), Fla. Stat.
Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen.
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Inferences.? Give if applicable.? ? 812.022(5), Fla. Stat.
Proof that a dealer who regularly deals in used property possesses stolen property, upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen.
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Inferences.? Give if applicable.? ? 812.022(6), Fla. Stat.
Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen.
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Definitions.
? 812.012(3), Fla. Stat.
?Property? means anything of value, and includes:
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real property, including things growing on, affixed to and found in land;
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tangible or intangible personal property, including rights, privileges, interests, and claims; and
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services.
?
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?? 812.012(6), 812.028(3), Fla. Stat.
?Stolen property? means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property.
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? 812.012(7), Fla. Stat.
?Traffic? means:
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to sell, transfer, distribute, dispense or otherwise dispose of property; and
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to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property.
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Lesser Included Offenses
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| DEALING IN STOLEN PROPERTY ? TRAFFICKING ? 812.019(1) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| None | Grand theft ? third degree | 812.014(2)(c) | |
| Petit theft ? first degree | 812.014(2)(e) | ||
| Petit theft ? second degree | 812.014(3)(a) | ||
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Comment
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This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in ? 812.022(2)-(6), Fla. Stat.
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14.3 DEALING IN STOLEN PROPERTY (ORGANIZING)
? 812.019(2), Fla.Stat.
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To prove the crime of Dealing in Stolen Property (Organizing), the State must prove the following two elements beyond a reasonable doubt:
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1. (Defendant) [initiated] [organized] [planned] [financed] [directed] [managed] [supervised] the theft of (property alleged).
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2. (Defendant) trafficked in the (property alleged).
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Inferences.? Give if applicable. ? 812.022(2), Fla. Stat.
Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.
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Inferences.? Give if applicable.? ? 812.022(3), Fla. Stat.
Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen.
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Inferences.? Give if applicable.? ? 812.022(4), Fla. Stat.
Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen.
?
Inferences.? Give if applicable.? ? 812.022(5), Fla. Stat.
Proof that a dealer who regularly deals in used property possesses stolen property, upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen.
?
Inferences.? Give if applicable.? ? 812.022(6), Fla. Stat.
Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen.
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Definitions.
? 812.012(3), Fla.Stat.
?Property? means anything of value, and includes:
real property, including things growing on, affixed to and found in land;
?
tangible or intangible personal property, including rights, privileges, interests, and claims; and
?
services.
?
?
?? 812.012(6), 812.028(3), Fla. Stat.
?Stolen property? means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property.
?
? 812.012(7), Fla. Stat.
?Traffic? means:
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to sell, transfer, distribute, dispense or otherwise dispose of property; and
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to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property.
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Lesser Included Offenses
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| DEALING IN STOLEN PROPERTY ? MANAGING AND TRAFFICKING ? 812.019(2) | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Dealing in stolen property | 812.019(1) | 14.2 | |
| None | |||
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Comment
?
This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in ? 812.022(2)-(6), Fla. Stat.
?
?
?
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14.4 RETAIL THEFT
? 812.015(1), Fla.Stat.
To prove the crime of Retail Theft, the State must prove the following two elements beyond a reasonable doubt:
?
- 1.???????????? (Defendant) knowingly:
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Give a, b, c, or d as applicable.
- a.???? [took possession of or carried away merchandise].
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- b.??? [altered or removed a label or price tag from merchandise].
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- c.???? [transferred merchandise from one container to another].
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- d.??? [removed a shopping cart from a merchant's premises].
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- 2.???????????? [He] [She] intended to deprive the merchant of possession, use, benefit, or full retail value of the [merchandise] [shopping cart].
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Definitions
?Merchandise? means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
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?Merchant? means an owner or operator and the agent, consignee, employee, lessee or officer of an owner or operator of any premises (or apparatus) used for retail purchase or sale of any merchandise.
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?Value of merchandise? means the sale price of the merchandise at the time it was stolen or otherwise removed depriving the owner of his lawful right to ownership and sale of said item.
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Optional Definitions
?Knowingly? means with actual knowledge and understanding of the facts or the truth.
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?Knowingly? means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar ? Federal Jury Practice and Instructions, Sec. 16.07)
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Lesser Included Offenses
?
No lesser included offenses have been identified for this offense.
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Comment
?
This instruction was adopted in 1981.
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14.5 THEFT OF COMMUNICATIONS SERVICES
? 812.15(2)(a), Fla. Stat.
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????????????????? To prove the crime of Theft of Communications Services, the State must prove the following three elements beyond a reasonable doubt:
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????????????????? Give 1a or 1b as applicable.
1.????????????????? (Defendant) knowingly
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a.????????????????? intercepted, received, decrypted, disrupted, transmitted, retransmitted or acquired access to any communication service.
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b.????????????????? assisted [others] [another] in intercepting, receiving, decrypting, disrupting, transmitting, retransmitting or acquiring access to any cable operation or other communication service.
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2.????????????????? (Defendant) did not have the express authorization of the cable operator or other communications service provider to do so.
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3. ????????????????? (Defendant) did so with the intent to defraud the cable operator or communications service provider.
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????????????????? If you find the defendant guilty of unlawful reception of communications service, you must further determine beyond a reasonable doubt whether the defendant has been previously convicted of unlawful reception of communications service.
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????????????????? If you find the defendant guilty of unlawful reception of communications service, you must further determine beyond a reasonable doubt whether the defendant acted for the purpose of direct or indirect commercial advantage or private financial gain.
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????????????????? No Defense.? ? 812.15(9), Fla. Stat.
This offense may be deemed to have been committed at any place where the defendant manufactured, developed or assembled any communications devices involved in the violation, or assists others in these acts, or any place where the communications device is sold or delivered to a purchaser or recipient.
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????????????????? It is not a defense that some of the acts constituting the offense occurred outside the state.
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????????????????? Definitions.
????????????????? Should the nature of the ?franchising authority? become an issue, see 47 U.S.C. s. 522(9-10) (1992) for a definition.
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????????????????? ?Cable Operator? means a communications service provider who provides some or all of its communications services pursuant to a ?cable television franchise? issued by a ?franchising authority.?
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????????????????? ?Cable System? means any communications service network, system or facility owned or operated by a cable operator.
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????????????????? ?Communications Device? means any type of electronic mechanism, transmission line or connections and appurtenances thereto, instrument, device, machine, equipment, or software that is capable of intercepting, transmitting, acquiring, decrypting, or receiving any communications service, or any part, accessory, or component thereof, including any computer circuit, splitter, connector, switches, transmission hardware, security module, smart card, software, computer chip, electronic mechanism, or other component, accessory, or part of any communication device which is capable of facilitating the interception, transmission, retransmission, acquisition, decryption, or reception of any communications service.
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????????????????? ?Communications service? means any service lawfully provided for a charge or compensation by any cable system or by any radio, fiber optic, photo-optical, electromagnetic, photoelectronic, satellite, microwave, data transmission, internet-based, or wireless distribution network, system, or facility, including but not limited to, any electronic, data, video, audio, internet access, microwave, and radio communications, transmissions, signals, and service, and any such communications, transmissions, signals, and services lawfully provided for a charge or compensation, directly or indirectly by or through any of those networks, systems, or facilities.
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????????????????? ?Communications service provider? means:
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1.????????????????? Any person or entity owning or operating any cable system or any fiber optic, photo-optical, electromagnetic, photoelectronic, satellite, wireless, microwave, radio, data transmission, or internet-based distribution network, system, or facility.
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2.????????????????? Any person or entity providing any lawful communications service, whether directly or indirectly, as a reseller or licensee, by or through any such distribution network, system or facility.
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????????????????? Give 1 or 2 as applicable, only if 1b is charged.
????????????????? The term ?Assist Others? includes:
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1.????????????????? The sale, transfer, license, distribution, deployment, lease, manufacture, development, or assembly of a communication device for the purpose of facilitating the unauthorized receipt, acquisition, interception, disruption, decryption, transmission, retransmission, or access to any communications service offered by a cable operator or any other? communications service provider.
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2.????????????????? The sale, transfer, license, distribution, deployment, lease, manufacture, development, or assembly of a communication device for the purpose of defeating or circumventing any effective technology, device, or software, or any component thereof, used by cable operator or other communications service provider to protect any communications service from unauthorized receipt, acquisition interception, disruption, decryption, transmission, retransmission.
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