Ala. Pattern Jury Instr. (Criminal) 13A-8-4_CDETOPIIDONATEDFIREARMCSLIVESTOCK1

THEFT OF PROPERTY SECOND DEGREE

(Donated - Firearm, Controlled Substance, Livestock)

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

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

he/she knowingly obtains or exerts unauthorized control over a donated [Read

as appropriate]

(a) firearm, rifle, or shotgun;

(b) controlled substance; (OR)

(c) livestock;

the property of another, left on the property of a charitable organization or in a

drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a

charitable organization, 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 second degree:

(1) The defendant knowingly obtained or exerted

unauthorized control over a donated

[Read as appropriate]

(a) firearm, rifle, or shotgun;

(b) controlled substance; (OR)

(c) livestock;

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

[Insert name of owner];

(2) The property had been left on the property of a charitable

organization or in a drop box or trailer, or within 30 feet of a drop

box or trailer, belonging to a charitable organization;

(AND)

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

property.

The term 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(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)]

[Read as appropriate] A firearm is a weapon from which a shot is

discharged by gunpowder. [13A-8-1(5)]

[Read as appropriate] A controlled substance is a substance controlled

by Chapter 2 of Title 20 of the Code of Alabama. [13A-8-4(d)]

[Insert the name of the controlled substance] is a substance controlled by

this law.

[Read as appropriate] Livestock includes cattle, swine, equine or

equidae, or sheep. [13A-8-4(e)]

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

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

the second 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 second degree, then you

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

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

on those offenses at this point.]