T.P.I. -- CRIM. 11.06

CRIMINAL SIMULATION

            Any person who commits the offense of criminal simulation is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

[Part A:

            (1)(a)  that the defendant made or altered an object, in whole or in part, so

                        that it appeared to have value because of [age] [antiquity] [rarity]

                        [source] [authorship] that it did not have;

or

                (b)  that the defendant possessed an object made or altered, in whole

                        or in part, so that it appeared to have value because of [age]

                        [antiquity] [rarity] [source] [authorship] that it did not have, with the

                        intent to [sell] [pass] [utter] such object;

or

                (c)  that the defendant [authenticated] [certified] as genuine or as

                        different from what it is an object made or altered, in whole or in

                        part, so that it appeared to have value because of [age] [antiquity]

                        [rarity] [source] [authorship] that it did not have;

and

            (2)  that the defendant did so with the intent to defraud or harm another.]

or

[Part B:

            (1)(a)  that the defendant knowingly transferred, by any means, any

                        sounds or images recorded on a [phonograph record] [disc] [wire]

                        [tape] [film] [other recording article] to another such recording

                        article;

or

                (b)  that the defendant knowingly [manufactured] [distributed]

                        [wholesaled] [retailed] any article upon which has been transferred

                        by any means, any sounds or images recorded on a [phonograph

                        record] [disc] [wire] [tape] [film] [other recording article] to another

                        such recording article;

and

            (2)  that the defendant did so with the intent to [sell] [cause to be sold]

                   [use for profit through public performance] without consent of the

                   owner of the master recording.]

or

[Part C:

            (1)(a)  that the defendant possessed any [machinery] [plates]

                        [contrivance] designed to produce instruments reporting to be

                        [credit] [debit] cards of an issuer who had not consented to

                        the preparation of such cards;

or

                (b)  that the defendant possessed any [instrument] [apparatus]

                        [contrivance] that was [designed] [adapted] [used] for the

                        commission of any theft of [property] [services] by fraudulent

                        means;

and

            (2)  that the defendant possessed such [machinery] [plates] [contrivance]

                   [instrument] [apparatus] with knowledge of its character.]

            "Intent" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.²

            [The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.]³

            ["Knowingly" means that a person acts knowingly with respect to the conduct or circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.]⁴

            ["Harm" means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested.]⁵

            ["Fraud" is defined as the term is used in normal conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.]⁶

            ["Property" means anything of value, including, but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from the land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].⁷

            ["Services" includes [labor] [skill] [professional service] [transportation] [telephone] [mail] [gas] [electricity] [steam] [water] [cable TV] [other public services] [accommodations in hotels, restaurants or elsewhere] [admissions to exhibitions] [use of vehicles or other movable property].]⁸

            [The trial judge should now instruct the jury with respect to fixing the value of the property. See T.P.I. -- CRIM. 11.03.]

FOOTNOTES

 1.  Tenn. Code Ann. § 39-14-115(a) and (b).

 2.  Tenn. Code Ann. § 39-11-106(a)(18).

 3.  Tenn. Code Ann. § 39-11-301(a)(2).

 4.  Tenn. Code Ann. § 39-11-106(a)(20).

 5.  Tenn. Code Ann. § 39-11-106(a)(17).

 6.  Tenn. Code Ann. § 39-11-106(a)(13).

 7.  Tenn. Code Ann. § 39-11-106(a)(28).

 8.  Tenn. Code Ann. § 39-11-106(a)(34).

COMMENTS

            1.  Criminal simulation is graded substantially as theft of property; however, in no event shall it be less than a Class E felony.  Tenn. Code Ann. § 39-14-115(c).  See also comment to T.P.I. -- CRIM. 11.01 (theft of property).

            2.  The trial judge, when dealing with Part B of the instruction, may wish to look at the definition of recorded device.  See Tenn. Code Ann. § 39-11-106(a)(32)(A) and (B).