Ala. Pattern Jury Instr. (Criminal) 13A-11-153(5)

Obtaining Control by Theft or Deception of Records, Materials, Equipment,

Animals or Crops of Any Animal or Crop Facility

The defendant is charged with obtaining control by theft or deception of records,

materials, equipment, animals or crops of any animal or crop facility.

A person commits the crime of obtaining control by theft or deception of records,

materials, equipment, animals or crops of any animal or crop facility if he/she knowingly

obtains control by theft or deception that is unauthorized, or exerts control that is

unauthorized over any records, data, materials, equipment, animals, or crops of any

animal or crop facility for the purpose of depriving the rightful owner or facility of records,

materials, equipment, animals or crops.

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

elements:

(1) The defendant obtained control by theft or deception that was unauthorized,

or exerted control that was unauthorized over any records, data, materials,

equipment, animals, or crops of any animal or crop facility (name);

(2) The defendant did so for the purpose of depriving the rightful owner or

facility of records, materials, equipment, animals or crops;

(3) The defendant did so knowingly; (AND)

(4) 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 knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that nature

or that the circumstance exists. [13A-2-2(2)]

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

each of the elements of obtaining control by theft or deception of records, materials,

equipment, animals or crops of any animal or crop facility, then you shall find the

defendant guilty of obt aining control by theft or deception of records, materials,

equipment, animals or crops of 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 obtaining control by theft or deception of records, materials,

equipment, animals or crops of any animal or crop facility, then you cannot find the

defendant guilty of obtaining control by theft or deception of records, materials,

equipment, animals or crops of any animal or crop facility.

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

offenses at this point.]