Ala. Pattern Jury Instr. (Criminal) 13A-8-43

Robbery in the Third Degree

The defendant is charged with robbery in the third degree.

A person commits the crime of robbery in the third degree if, in the course of

committing a theft:

(1) he/she uses force against the person of the owner of the property or any

person present with intent to overcome that person’s physical resistance or

physical power of resistance; or

(2) he/she threatens the imminent use of force against the person of the owner

of the property or any person present with intent to compel acquiescence to

the taking of or escaping with the property.

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

elements:

(1) The Defendant committed or at tempted to commit the theft of [describe

property];

(2) (a) In the course of committing or attempting to commit the theft, or in

immediate flight after the attempt or commission, the defendant used force

against the person of the owner of the property or another person present,

[insert name of person] , with intent to overcome his/her physical

resistance or physical power of resistance; (OR)

(b) In the course of committing or attempting to commit the theft, or in

immediate flight after the attempt or commission, the defendant threatened

the imminent use of force against the person of the owner of the property or

another person present, [name of pe rson], with intent to compel

acquiescence to the taking of or escaping with the property.

A person commits the crime of theft of property if he/she knowingly obtains or

exerts unauthorized control over the property of another, with intent to deprive the owner

of his/her property. [13A-8-2(a)(1)]

Obtains or exerts unauthorized 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(7)]

Obtains means to bring about a transfer or purported transfer of a legally

recognized interest in the property, whether to the obtainer or another, or to secure

performance of labor or service. [13A-8-1(6)]

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

real or personal) the location of which can be changed, contract right, interest in a claim

to wealth, credit, or any other article or thing of value of any kind. [See 13A-8-1(10)]

To deprive means 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/her; to dispose of the property so as to make it unl ikely

that the owner would recover it; 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; to sell, give, pledge or otherwise transfer any inter est in the property; or to

subject the property to the claim of a person other than the owner. [13A-8-1(2)]

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(8)]

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

by a statute defining an offense 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 intentionally with respect to a result or to conduct described by a

statute defining an offense, when his/her purpose is to cause that result or to en gage in

that conduct. [13A-2-2(1)]

In the course of committing a theft embraces acts which occur in an attempt to

commit or the commission of theft, or in immediate flight after the attempt or commission.

[13A-8-40(b)]

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

each of the elements of robbery in the third degree, then you shall find the defendant

guilty of robbery in the third degree.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of the offense of robbery in the third degree, then you cannot find

the defendant guilty of robbery in the third degree.

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

offenses at this point.]