Ala. Pattern Jury Instr. (Criminal) 13A-8-50 INJURY

Pharmacy Robbery

(Serious Physical Injury)

The defendant is charged with pharmacy robbery.

A person commits the crime of pharmacy robbery if, in the course of committing a

theft of a controlled substance from a pharmacy:

(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, and in doing so he/she causes serious

physical injury to another; 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, and in doing so he/she causes

serious physical injury to another.

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

elements:

(1) The Defendant committed or attempted to commit the theft of a controlled

substance, [insert name of substance] , from a pharmacy, [insert name

of pharmacy];

(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, [insert name of person], with intent to compel

acquiescence to the taking of or escaping with the property; (AND)

(3) The defendant caused serious physical injury to another, [insert name of

person].

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 purporte d 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)]

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 unlikely

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 interest 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 controlled substance is a drug, substance, or immediate precursor contained in

Schedule I through V of the Alabama Uniform Controlled Substance Act. [Insert name of

substance] is a controlled substance as defined in the Act. [20-2-2(4)]

A pharmacy is any building, warehouse, physician’s office, hospital,

pharmaceutical house or other structure used in whole or in part for the sale, storage

and/or dispensing of any controlled substance. [13A-8-51(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)]

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 t hat result or to engage in

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

Serious physical injury is physical injury which creates a substantial risk of death,

or which causes serious and protracted disfigurement, protracted impairment of health,

or protracted loss or impairment of the function of any bodily organ. [13A-1-2(14)]

Physical injury is impairment of physical condition or substantial pain. [13A-1-2(12)]

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

each of the elements of ph armacy robbery, then you shall find the defendant guilty of

pharmacy robbery.

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 pharmacy robbery, then you cannot find the

defendant guilty of pharmacy robbery.

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

offenses at this point.]