People v. Bornman

Opinion by

Judge CRISWELL.

Defendant, Stephen L. Bomman, appeals the judgment of conviction entered upon a jury verdict 'finding him guilty of theft of more than $400. He contends, among other things, that the jurors were improperly instructed that the mens rea requirement of “knowingly” did not apply to the element of “without authorization” under the theft statute. We agree; hence, we reverse and remand for a new trial.

I

Section 18-4-401(1), C.R.S.1997, provides that:

A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization…