T.P.I. -- CRIM. 11.17

THEFT OF MERCHANDISE

            Any person who commits the offense of theft of merchandise 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

            (1)  that the defendant knowingly [concealed] [removed] [took possession

                   of or caused the removal of] [altered, transferred or removed any

                   price marking, or any other marking which aids in determining value

                   affixed to] [transferred from one container to another] [caused a cash

                   register or other sales recording device to reflect less than the stated

                   price for] merchandise of a merchant;

and

            (2)  that the defendant acted with the intent to deprive the merchant of the

                   stated price of the merchandise.

            "Intentionally" 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 to 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

FOOTNOTES

  1.  Tenn. Code Ann. § 39-14-146.

  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).

COMMENTS

            1.  Theft of merchandise is graded identically to theft of property.  Tenn. Code Ann. § 39-14-146(a).  See the comment to T.P.I. -- CRIM. 11.01 (Theft of Property).

                 2.  In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under Tenn. Code Ann. § 39-14-103.  Tenn. Code Ann. § 39-14-146(b).