Ala. Pattern Jury Instr. (Criminal) 13A-8-4.1_CTOPIIICUSTODY-CC

THEFT OF PROPERTY THIRD DEGREE

(Custody of Law Enforcement - Credit Card or Debit Card)

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

A person commits the crime of theft of property in the third degree if

he/she knowingly obtains or exerts control over a credit card or a debit card,

the 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, 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 third degree:

(1) The defendant knowingly obtained or exerted control over a

credit card or a debit card, [Insert description of property], the

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;

(AND)

(4) 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)]

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

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)]

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 third

degree, then you shall find the defendant guilty of theft of property in the third

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 third degree, then you

cannot find the defendant guilty of theft of property in the third degree.

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

on those offenses at this point.]