18.

14

Theft of Means of Transportation

The crime of theft of means of transportation requires proof that the defendant, without
lawful authority, knowingly:

[controlled another person's means of transportation with the intent to deprive the person
of the means of transportation.]

[converted for an unauthorized term or use another person's means of transportation

that is entrusted to or placed in the defendant's possession for a limited, authorized term or
use.]

[obtained another person's means of transportation by means of any material

misrepresentation with intent to permanently deprive the person of the means of transportation.]

[came into control of another person's means of transportation that is lost or

misdelivered under circumstances providing means of inquiry as to the true owner and
appropriated the means of transportation to the defendant's own or another's use without
reasonable efforts to notify the true owner.]

[controlled another person's means of transportation knowing or having reason to know

that the property is stolen.]

Source: A.R.S. 13-1813 (statutory language as of September 19, 2007).

Use Note: Use the language in brackets as appropriate to the facts.

If the defendant is charged with A.R.S. 13-1814(A)(5), the court may instruct on the
statutory permissible inference under A.R.S. 13-2305 (Statutory Criminal Instruction 23.05).

The court shall instruct on the culpable mental state.

Knowingly is defined in A.R.S. 13-105 (Statutory Definition Instruction 1.056(b)).

Intentionally or with the intent to is defined in A.R.S. 13-105 (Statutory Definition Instruction
1.056(a)(1)).

Control is defined in Statutory Definition Instruction 18.01(2).

Deprive is defined in Statutory Definition Instruction 18.01(4).

Means of transportation is defined in Statutory Definition Instruction 18.01(9).

Property is defined in Statutory Definition Instruction 18.01(12).

 Property of another is defined Statutory Definition Instruction 18.01(13).

Possess is defined in A.R.S. 13-105 (Statutory Definition Instruction 1.0530).

Possession is defined in A.R.S. 13-105 (Statutory Definition Instruction 1.0531).

Unlawful is defined in A.R.S. 13-105 (Statutory Definition Instruction 1.0535).

Vehicle is defined in A.R.S. 13-105 (Statutory Definition Instruction 1.0536).

Comment: State v. Dixon, 127 Ariz. 554, 622 P.2d 501 (App. 1981) held that a single act may
result in a theft conviction under any one or combination of the subsections of A.R.S.
13-1802, even though the mens rea for the subsections varies, and that the jury need not be
unanimous as to which subsection was violated so long as they are unanimous on the question of
whether the defendants conduct constituted theft. Because the subsections of A.R.S. 13-1814
track those of A.R.S. 13-1802, the same rationale should apply.