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

THEFT OF PROPERTY FIRST DEGREE

(Custody of Law Enforcement - Common Plan - Value At Least $1000)

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, 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, by a common plan or

scheme by one or more persons, with the object to sell or transfer the property

to another person or business that buys the property with knowledge or

reasonable belief that the property is stolen, and the aggregate value of the

property stolen is at least $1000 within a 180-day period, 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 control over the property,

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

owner];

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

[Insert name];

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

the law enforcement agency as being stolen;

(4) The theft was by a common plan or scheme by one or

more persons;

(5) The object of the common plan or scheme was to sell or

transfer the property to another person or business that bought

the property with knowledge or reasonable belief that the

property was stolen;

(6) The aggregate value of the property stolen was at least $1,000

within a 180-day period; (AND)

(7) 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-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)]

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)]

[Read as appropriate] Stolen is to be obtained by theft, theft by

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

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.