Ala. Pattern Jury Instr. (Criminal) 13A-11-153(4)

Breaking and Entering into Any Animal or Crop Facility

The defendant is charged with breaking and entering into any animal or crop

facility.

A person commits the crime of breaking and entering into any animal or crop facility

if he/she breaks and enters into any animal or crop facility with the intent to destroy, alter,

duplicate, or obtain unauthorized possession of records, data, materials, equipment,

animals, or crops.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant broke and entered into any animal or crop facility (name);

(2) The defendant did so with the intent to destroy, alter, duplicate, or obtain

unauthorized possession of records, data, materials, equipment, animals,

or crops; (AND)

(3) The loss was [read as appropriate]: ($250 or more/under $250).

An animal or crop facility is any facility engaging in scientific research, education,

or agricultural production of or involving the use of animals or crops including any

organization with the primary purpose of representing livestock or crop production or

processing; any organization with a primary purpose of promoting or marketing livestock

or crops; any organization with a primary purpose of promoting or marketing livestock or

crop products or materials; any person licensed to practice veterinary medicine; any

person licensed to apply chemical applications not limited to pesticides, insecticides,

rodenticides, or herbicides; any organization with a primary purpose of representing any

of the above; the owner, operator, and employees of any animal or crop facility; and any

vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond,

impoundment, or premises where animals or crops are located. [13A-11-152(2)]

An animal is every living creature, domestic or wild, with the exception of man and

animals used for illegal gaming purposes. [13A-11-152(1)]

Crops are any shrub, vine, tree, seedling, shoot , slip, or other plant undergoing

experimentation or otherwise capable of producing food, fiber, lawful or legal medicines,

nursery stock, floral products, or aesthetic beauty. [13A-11-152(4)]

A person is a human being, and where appropriate, a public or private corporation,

an unincorporated corporation, a partnership, a government or a governmental

instrumentality, or a private organization, association, coalition, federation, and its officers

or spokespersons. [13A-11-152(5)]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense, when his/her purpose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the elements of breaking and entering into any animal or crop facility, then you

shall find the defendant guilty of breaking and entering into any animal or crop facility.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of breaking and entering into any animal or crop facility, then you

cannot find the defendant guilty of breaking and entering into any animal or crop facility.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]