Ala. Pattern Jury Instr. (Criminal) 13A-8-18_A3RSPIIFIREARM

RECEIVING STOLEN PROPERTY SECOND DEGREE

(Firearm)

The defendant is charged with receiving stolen property in the second

degree.

A person commits the crime of receiving stolen property in the second

degree if he/she intentionally receives, retains or disposes of stolen property

that is a firearm, rifle, or shotgun, regardless of its value, knowing that it has

been stolen or having reasonable grounds to believe it has been stolen, unless

the property is received, retained or disposed of with intent to restore it to the

owner.

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

following elements of receiving stolen property in the second degree:

(1) The defendant received, retained or disposed of a stolen a

firearm, rifle, or shotgun, [Insert description of property];

(2) The defendant knew that it had been stolen or had

reasonable grounds to believe it had been stolen;

(3) The property was not received, retained or disposed of with intent

to restore it to the owner; (AND)

(4) The defendant acted with intent.

Stolen is to be obtained by theft, theft by appropriating lost property,

robbery, or extortion. [13A-8-1(13)]

Read as appropriate] A firearm is a weapon from which a shot is

discharged by gunpowder. [13A-8-1(5)]

Value is not an element of the crime. [13A-8-18(a)(3)]

An owner is a person, other than the defendant, who has possession

of or any other interest in the property involved, even though that interest or

possession is unlawful, and without whose consent the defendant has no

authority to exert control over the property. [13A-8-1(9)]

[Read as appropriate] A secured party, as defined in Section

7-9 A-102(a)(72), is not an owner in relation to a defendant who is a debtor,

as defined in Section 7-9A-102(a)(28), in respect of property in which the

secured party has a security interest, as defined in Section 7-1-201(37).

[13A-8-1(9)]

[Read as appropriate] It shall be prima facie evidence that the

defendant had the requisite knowledge or belief necessary for the commission

of the offense if: [Read as appropriate]

(1) The defendant was found in possession or control of stolen

property on two separate occasions within a year prior to

the alleged commission of the instant offense;

(2) The defendant possessed goods or property which had

been recently stolen;

(OR)

(3) The defendant regularly bought, sold, used or handled in the

course of business property of the sort received, and acquired the

property without making reasonable inquiry whether the person

selling or delivering the property to him had a legal right to do so.

[13A-8-16(b)]

A person acts knowingly with respect to conduct or to a circumstance

when he/she is aware that his/her conduct is of that nature or that the

circumstance exists. [13A-2-2(2)]

A person acts with intent to deprive another of his/her property when

he/she acts with the purpose of causing that result. [13A-2-2(1)]

[Read as appropriate] The fact that the person who stole the property

has not been convicted, apprehended or identified is not a defense to a charge

of receiving stolen property. [13A-8-16(c)]

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

reasonable doubt each of the above elements of receiving stolen property in

the second degree, then you shall find the defendant guilty of receiving stolen

property in the second degree.

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

elements of the offense of receiving stolen property in the second degree,

then you cannot find the defendant guilty of receiving stolen property in the

second degree.

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

on those offenses at this point.]

[Approved 05-17-24]