Ala. Pattern Jury Instr. (Criminal) 13A-7-22

Criminal Mischief II

(Damage to Property Exceeds $500.00 but not $2,500.00)

The defendant is charged with criminal mischief in the second degree.

A person commits the crime of criminal mischief in the second degree if, with intent

to damage property, and having no right to do so or any reasonable ground to believe that

he/she has such a right, he/she inflicts damage to the property in an amount which

exceeds $500.00 but does not exceed $2,500.00.

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

elements:

(1) The property (describe) was actually damaged;

(2) The defendant intentionally damaged the property;

(3) The defendant did not have a right to do so or have any reasonable ground

to believe he/she had such a right; and

(4) The damages to the property were in an amount which exceeded $500 [but

did not exceed $2500.00].

A person acts intentionally with respect to a result or to conduct when his/her

purpose is to cause that result or to engage in that conduct. [13A-2-2)]

[Read applicable part]:

“Property” is any money, tangible or intangible personal property, property

(whether real or personal) the location of which can be changed (including things growing

on, affixed to, or fou nd in land and documents, although the rights represented hereby

have no physical location), contract right, chose -in-action, interest in a claim to wealth,

credit, or any other article or thing of value of any kind. Commodities of a public utility

nature, such as gas, electricity, steam, and water, constitute property, but the supplying of

such a commodity to premises from an outside source by means of wires, pipes, conduits,

or other equipment shall be deemed a rendition of a service rather than a sale or delivery

of property. [13A-8-1(10)]

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

each of the above elements of the offense of criminal mischief in the second degree, then

you shall find the defendant guilty of criminal mischief in the second degree.

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

more of the elements of the offense of criminal mischief in the second degree, then you

cannot find the defendant guilty of criminal mischief in the second degree.