Ala. Pattern Jury Instr. (Criminal) 13A-7-6(A)(3)

Burglary Second Degree

(Deadly Weapon or Dangerous Instrument)

The defendant is charged with burglary in the second degree.

A person commits the crime of burglary in the second degree if he/she knowingly

enters or remains unlawfully in a building with intent to commit theft or a felony therein,

and, if in effecting entry or while in the building or in immediate flight therefrom, the person

or another participant in the crime in effecting entry, is armed with a deadly weapon or

dangerous instrument or, while in the building or in immediate flight from the building,

uses or threatens the immediate use of a deadly weapon or dangerous instrument against

another person.

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

elements:

(1) The defendant entered or remained unlawfully in a building, the property of

[insert name] , with intent to commit a theft or a felony therein, [insert

crime];

(2) In effecting entry or while in the building or in immediate flight therefrom, the

defendant or another participant in the crime in effecting entry, was armed

with a deadly weapon or dangerous instrument or, while in the building or

in immediate flight from the building, used or threatened the immediate use

of a deadly weapon or dangerous instrument against another person; (AND)

(3) The defendant did so knowingly.

A person enters or remains unlawfully in or upon premises when he/she is not

licensed, invited or privileged to do so. A person who, regardless of his/her intent, enters

or remains in or upon premises which are at the time open to the public does so with

license and privilege unless he/she defies a lawful order not to enter or remain, personally

communicated to him/her by the owner of such premises or other authorized person.

[13A-7-1(3)]

Premises includes any building and any real property. [13A-7-1(5)]

A building is any structure which may be entered and utilized by persons for

business, public use, lodging or the storage of goods, and includes any vehicle, aircraft

or watercraft used for the lodging of persons or carrying on business therein. [13A-7-1(1)]

[Read as appropriate] : A building includes any railroad box car or other rail

equipment or trailer or tractor trailer or combination thereof. [13A-7-1(1)]

[Read as appropriate]: Where a building consists of two or more units separately

occupied or secure, each shall be deemed both a separate building and a part of the main

building. [13A-7-1(1)]

[Read as appropriate]: A license or privilege to enter or remain in a building which

is partly open to the public i s not a license or privilege to enter or remain in that part of

the building which is not open to the public. [13A-7-1(3)]

[Read as appropriate] : A person who enters or remains upon unimproved and

apparently unused land, which is neither fenced nor other wise enclosed in a manner

designed to exclude intruders, does so with license and privilege unless notice against

trespass is personally communicated to him/her by the owner of such land or other

authorized person, or unless such notice is given by posting in a conspicuous manner.

[13A-7-1(3)]

A deadly weapon is a firearm or anything manifestly designed, made, or adapted

for the purposes of inflicting death or serious physical injury. The term includes, but is not

limited to, a pistol, a rifle, or shotgun; or a switchblade knife, gravity knife, stiletto, sword,

or dagger; or any billy, blackjack, bludgeon or metal knuckles [13A-1-2(7)]

Serious physical injury is physical injury which creates a substantial risk of death,

or which causes serious and prot racted disfigurement, protracted impairment of health,

or protracted loss or impairment of the function of any bodily organ. [13A-1-2(14)]

A dangerous instrument is any instrument, article, or substance which, under the

circumstances in which it is used, attempted to be used, or threatened to be used, is

highly capable of causing death or serious physical injury. The term includes a vehicle.

[13A-1-2(5)]

[Read as appropriate] : A vehicle is any "propelled vehicle,” including any

propelled device by which any person or property is transported on land, water, or in the

air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel,

whether propelled by machinery or not. [13A-1-2(15)]

[Read as appropriate] : The use o f or threatened use of a deadly weapon or

dangerous instrument does not include the mere acquisition of a deadly weapon or

dangerous instrument during the burglary. [13A-7-5(a)(3)]

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)]

[Insert instruction for crime alleged.]

An intruder acts knowingly if he/she is aware of the fact that he/she has no license

or privilege to enter or remain. [13A-2-2(2)]

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

each of the above elements of burglary in the second degree, then you shall find th e

defendant guilty of burglary in the second degree.

If you find that the State has failed to prove any one or more of the elements of

burglary in the second degree, then you cannot find the defendant guilty of burglary in the

second degree.

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

offenses at this point.]

[Approved 04-15-16.]