Ala. Pattern Jury Instr. (Criminal) 13A-7-7(A)(4)

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Ala. Code 1975, § 13A-7-7(a)(4)*

Burglary Third Degree

(Dwelling & Damage)

[*These instructions apply only to offenses committed on or after 06/1/2024]

The defendant is charged with burglary in the third degree.

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

enters or remains unlawfully in a dwelling and intentionally causes one thousand

dollars ($1,000) or more in damage to the dwelling.

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

elements:

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

[insert name];

(2) The defendant intentionally caused one thousand dollars ($1,000) or more

in damage to the dwelling; (AND)

(3) The defendant did so knowingly.

A dwelling is a building which is used or normally used by a person for sleeping,

living or lodging therein. [13A-7-1(2)]

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)]

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[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 is 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 otherwise 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 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)]

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 third degree, then you shall find

the defendant guilty of burglary in the third degree.

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

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

third degree.

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

offenses at this point.]

[Approved 09-27-24]