OUJI-CR 5-105A

[GRAND] LARCENY OF LOST PROPERTY - ELEMENTS

No person may be convicted of [grand] larceny of lost property unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, finding lost property;

Second, valued at more than $500];;

Third, under circumstances that the person knew or was able to determine who was the true owner;

Fourth, and taking the property for the (person?s own use)/(use of another person who was not entitled to the property);;

Fifth, without first making such an effort to find the owner and return the property to the owner as would be reasonable and just under the circumstances.

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Statutory Authority: 21 O.S. 2011, §§ 1702, 1704.

Notes on Use

If the lost property was valued at $500 or less, the second element should be deleted, and the remaining elements renumbered. If the second element was deleted, the crime would be petit larceny of lost property.