Ala. Pattern Jury Instr. (Criminal) 13A-8-21_BRINGINGPROPERTYOBTAINEDFALSEPRETENSESTATE

BRINGING PROPERTY OBTAINED BY FALSE PRETENSE INTO STATE

The defendant is charged with bringing property obtained by false

pretense into the state.

A person commits the crime of bringing property obtained by false

pretense into the state if he/she brings or causes to be brought into this state

any money or other personal property obtained from another by any false

pretense with intent to defraud, and the value [Insert language from TOP

instructions].

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

following elements of bringing stolen property into the state:

(1) The defendant brought or caused to be brought into the state

any money or other personal property, [Insert description of

property];

(2) The money or other personal property was obtained from another

by a false pretense, [Insert description of the false pretense];

(3) The money or other personal property [Insert language from

TOP instructions] in value; (AND)

(4) The defendant acted with intent to defraud.

Property is any money, tangible or intangible personal property, property

(whether real or personal) the location of which can be changed (including

things growing on, affixed to, or found in land and documents, although the

rights represented hereby have no physical location), contract right, chose-inaction, interest in a claim to wealth, credit, or any other article or thing of value

of any kind. [13A-8-1(11)]

[Read as appropriate] Commodities of a public utility nature, such as

gas, electricity, steam, and water, constitute property, but the supplying of such

a commodity to premises from an outside source by means of wires,

pipes, conduits, or other equipment shall be deemed a rendition of a service

rather than a sale or delivery of property. [13A-8-1(11)]

Value is the market value of the property at the time and place of the

criminal act. [13A-8-1(15)]

[Read as appropriate] Whether or not they have been issued or

delivered, certain written instruments, not including those having a readily

ascertainable market value such as some public and corporate bonds and

securities shall be evaluated as follows:

a. The value of an instrument constituting an evidence of debt, such as a

check, draft, or promissory note, shall be deemed the amount due or

collectible thereon or thereby, that figure ordinarily being the face amount of

the indebtedness less any portion thereof which has been satisfied.

b. The value of any other instrument that creates, releases, discharges, or

otherwise affects any valuable legal right, privilege, or obligation shall be

deemed the greatest amount of economic loss which the owner of the

instrument might reasonably suffer by virtue of the loss of the instrument.

When the value of property cannot be ascertained pursuant to the standards

set forth above, its value shall be deemed to be an amount not exceeding five

hundred dollars ($500). [13A-8-1(15)]

[Read as appropriate] Amounts involved in thefts committed pursuant

to one scheme or course of conduct, whether from the same person or several

persons, may be aggregated in determining the grade of the offense; provided,

that only one conviction may be had and only one sentence enforced for all

thefts included in such aggregate. [13A-8-1(15)]

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

7-9A-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)]

To act fraudulently is to act with the intent, knowledge or expectation

that he/she will deceive. [13A-8-140

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)]

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

reasonable doubt each of the above elements of bringing property obtained by

false pretense into the state, then you shall find the defendant guilty of bringing

property obtained by false pretense into the state.

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

elements of the offense of bringing property obtained by false pretense into

the state, then you cannot find the defendant guilty of bringing property

obtained by false pretense into the state.

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

on those offenses at this point.]