Ala. Pattern Jury Instr. (Criminal) 13A-7-8

Possession of Burglar's Tools

The defendant is charged with possession of burglar’s tools.

A person commits the crime of possession of burglar’s tools if he/she (1)

possesses any explosive, tool, instrument or other article adapted, designed or commonly

used for committing or facilitating the commission of an offense involving forcible entry

into premises or theft by a physical taking; and (2) intends to use the thing possessed in

the commission of an offense involving forcible entry into premises or theft by a physical

taking.

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

elements:

(1) The defendant possessed an explosive, tool, instrument or other article

adapted, designed or commonly used for committing or facili tating the

commission of an offense involving forcible entry into premises or theft by a

physical taking, [describe item]; (AND)

(2) The defendant intended to use the thing possessed in the commission of

an offense involving forcible entry into premises or theft by a physical taking.

[Read as appropriate] : Explosive is any chemical compound or mechanical

mixture that is commonly used or intended for the purpose of producing an explosion and

which contains any oxidizing and combustive units or other ingredients in such portions,

quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by

chemical action of any part of the compound or mixture may cause a sudde n generation

of highly heated gasses that the resultant gaseous pressures are capable of producing

destructive effects on contiguous objects or of destroying life or limb. [13A-7-40(2)]

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 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)]

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 i n

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

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

each of the above elements of possession of burglar’s tools, then you shall find the

defendant guilty of possession of burglar’s tools.

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

possession of burglar’s tools, then you cannot find the defendant guilty of possession of

burglar’s tools.

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

offenses at this point.]

[Approved 04-15-16.]