Ala. Pattern Jury Instr. (Criminal) 13A-8-140

Theft by Fraudulent Leasing or Rental of Property

The defendant is charged with theft by fraudulent leasing or rental property.

A person commits the crime of theft by fraudulent leasing or rental property theft

is committed if he/she, herein called “lessee”, signs a written lease or rental contract

with a person licensed to rent or lease tangible personal property herein called “lessor”,

and obtains or exerts control over tangible personal property by reason of such rental

contract, with the intent, knowledge or expectation that he/ she will not perform the

terms, covenants and agreements of the lessee provided in such rental contract.

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

following elements:

(1) The defendant (Lessee) signed a written lease or rental contract with a

person licensed to rent or lease tangible personal property, (Lessor);

(2) The Defendant obtained or exerted control over tangible personal

property by reason of such rental contract; (AND)

(3) The Defendant did so with the intent, knowledge or expectation that he/

she would not perform the terms, covenants and agreements of the lessee

provided in such rental contract.

A person is a human being, and where appropriate, a public or private

corporation, an unincorporated association, a partnership, a government, or a

governmental instrumentality. [13A-1-2(11)]

Leasing or rental is a transaction where under the person who owns or

controls the possession of tangible personal property permits another person to

have the possession or use thereof for a consideration and for the duration of a

definite or indefinite period of time without transfer of the title to such property. The

detention by the user thereof of freight cars, oxygen and acetylene tanks, and

similar property, in respect of which detention a demurrage or per diem charge is

made against the user of such property, shall not be deemed to constitute a

transaction where under property is leased or rented to another. [40-12-220(5)]

Tangible personal property is personal property which may be seen, weighed,

measured, felt, or touched, or is in any other manner perceptible to the

senses. The term “tangible personal property” shall not include stocks, bonds, notes,

insurance or other contracts, or securities. [40-12-220(8)]

[Read as appropriate]: It is prima facie evidence that a lessee fraudulently

leased or rented property, and intended, knew or expected that he/ she would not

perform the terms and obligations of the lessee under a rental contract if:

(1) The name or address of the lessee appearing on the written

agreement shall, at the time it is signed, be false or fictitious, and if the lessee

fails to return the leased property to the lessor within seven days after lessor

makes written demand for its return, notwithstanding that the term under the

rental contract has not expired; (OR)

(2) The rental contract provides for the return of the leased property to a

particular place, at a particular time, and the lessee shall fail to return the leased

property to the place and within the time specified in the said rental contract, and the

lessor thereafter makes written demand for the return of the leased property to the

place specified in the rental contract within 48 hours from the time the written demand

is delivered to the lessee, and the lessee fails to return said property to the lessor

within the said 48 hour period; (OR)

(3) A lessee obtains or exerts control over personal property by

executing a rental contract which provides for the return of said property to a

particular place, or at a particular time, and thereafter abandons said property,

secretes, converts, sells or attempts to sell the same or any part thereof.

[13A-8-141]

As to this evidence, you may consider this if it has been proven to you

beyond a reasonable doubt. It is up to you to determine what weight to give it.

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)]

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

doubt each of the elements of theft by fraudulent leasing or rental property, then you

shall find the defendant guilty of theft by fraudulent leasing or rental property.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of theft by fraudulent leasing

or rental property, then you shall find the defendant not guilty of theft by

fraudulent leasing or rental property.

If you find the defendant guilty of theft by fraudulent leasing or rental property,

then it shall be your duty to determine if the subject matter of the lease or rental

agreement had a value in excess of $500 beyond a reasonable doubt. You shall

enter your verdict on a special verdict form which I will provide you. If you do not find

the defendant guilty of transferring recorded sounds without consent, then you need

not proceed further.

[Approved October 18, 2019].