Ala. Pattern Jury Instr. (Criminal) 13A-8-3_ATOPI_CUSTODY

THEFT OF PROPERTY FIRST DEGREE

(Custody of Law Enforcement - Value Exceeds

$2500)

The defendant is charged with theft of property in the first degree.

A person commits the crime of theft of property in the first degree if he/ she

knowingly obtains or exerts control over property of another, the value of which exceeds

$2500, in the custody of a law enforcement agency which was explicitly represented to

the person by an agent of the law enforcement agency as being stolen, with intent to

deprive the owner of his/her property.

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

elements of theft of property in the first degree:

(1) The defendant knowingly obtained or exerted control over property,

[Insert description of property], of another, [Insert name of owner];

(2) The property exceeded $2500 in value;

(3) The property was in the custody of a law enforcement agency,

[Insert name];

(4) It was explicitly represented to the defendant by an agent of the law

enforcement agency as being stolen; (AND)

(5) The defendant acted with intent to deprive the owner of his/her

property.

The term obtains or exerts control over property includes, but is not necessarily

limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to or

interest in, or possession of, property. [13A-8-1(8)]

[Read as appropriate] The term includes, but is not necessarily limited to,

conduct heretofore defined or known as common law larceny by trespassory taking,

common law larceny by trick, larceny by conversion, embezzlement, extortion, or

obtaining property by false pretenses

[13A-8-1(8)]

Obtains means:

a. In relation to property, to bring about a transfer or purported transfer of a legally

recognized interest in the property, whether to the obtainer or another; (OR)

b. In relation to labor or service, to secure performance thereof. [13A-8-

1(7)]

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-in-action, 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)]

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)]

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)]

Deprive means: [Read as appropriate]

a. To withhold property or cause it to be withheld from a person permanently or for such

period or under such circumstances that all or a portion of its use or benefit would be

lost to him or her;

b. To dispose of the property so as to make it unlikely that the owner would recover

it;

c. To retain the property with intent to restore it to the owner only if the owner purchases

or leases it back, or pays a reward or other compensation for its return;

d. To sell, give, pledge, or otherwise transfer any interest in the property;

(OR)

e. To subject the property to the claim of a person other than the owner. [13A-8-

1(2)]

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] It is a defense to a prosecution for this offense that the

defendant honestly believed that he/she had a claim to the property or services involved

which he/she was entitled to assert in the manner which forms the basis of the charge

against him/her. [13A-8-12(a)]

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

doubt each of the above elements of theft of property in the first degree, then you shall

find the defendant guilty of theft of property in the first degree.

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

elements of the offense of theft of property in the first degree, then you cannot

find the defendant guilty of theft of property in the first degree.

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

offenses at this point.]