Ala. Pattern Jury Instr. (Criminal) 13A-8-77_VALUEEXCEEDS2500

1

Ala. Code 1975, § 13A-8-77

Theft by Taking Consigned Motor Fuels Without Consent of

Owner (Value Exceeds $2500)

The defendant is charged with theft by taking consigned motor

fuels without the consent of the owner.

A person commits the crime of theft by taking consigned motor fuels

without the consent of the owner if he/she takes, uses, sells, or disposes of

consigned motor fuels or the proceeds from the sale of consigned motor fuels

of a value exceeding $2500 without the consent of the owner and in violation

of the written agreement required in Section 13A-8-76.

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

the following elements:

(1) The Defendant took, used, sold, or disposed of consigned motor

fuels or the proceeds from the sale of consigned motor fuels;

(2) The Defendant did so without the consent of the owner, [Insert

name];

(3) The Defendant did so in violation of the written agreement as

required in Section 13A-8-76;

(4) The value of the consigned motor fuels or the proceeds from the sale

of the consigned motor fuels exceeded $2,500; (AND)

(5) The Defendant acted [insert appropriate mens rea element –

See Use Note].

Consigned motor fuels means all grades of gasoline including gasohol

or any gasoline blend, number 1 diesel, number 2 diesel, kerosene, and all

aviation fuels delivered to a merchant by another for the purpose of sale and

the merchant deals in goods of that kind. Consigned motor fuels are not owned

by the party to whom the fuels are delivered for sale, but remain the property of

the company delivering or having the motor fuels delivered. The merchant

agrees to sell the consigned motor fuels belonging to another for a commission

or other compensation. [13A-8-75]

2

A written agreement pursuant to Section 13A-8-76 requires that there

shall be a written agreement between the person delivering or having the

consigned motor fuels delivered for sale, hereinafter designated the consignor,

and the merchant, hereinafter designated as the consignee, reflecting not only

the consignment agreement between the parties, but that title to the consigned

motor fuels and to the proceeds from the sale of the consigned motor fuels is

always vested in the consignor and never the consignee. [13A-8-76]

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

reasonable doubt each of the elements of theft by taking consigned motor

fuels without the consent of the owner, then you shall find the defendant guilty

of theft by taking consigned motor fuels without the consent of the owner.

If you find from the evidence that the State has failed to prove beyond

a reasonable doubt any one or more of the elements of theft by taking

consigned motor fuels without the consent of the owner, then you shall find

the defendant not guilty of theft by taking consigned motor fuels without the

consent of the owner.