Ala. Pattern Jury Instr. (Criminal) 13A-10-124

Tampering with a Witness

The defendant is charged with tampering with a witness.

A person commits the crime of tampering with a witness if he/she attempts to

induce a witness or a person he believes will be called as a witness in any official

proceeding to:

(1) Testify falsely or unlawfully withhold testimony; (OR)

(2) Absent h imself/herself from any official proceeding to which he/she has

been legally summoned.

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

elements:

(1) The defendant attempted to induce a witness or a person he/she believe d

would be called as a witness [name], in an official proceeding [describe],

to [Read as appropriate]:

(a) Testify falsely or unlawfully withhold testimony; (OR)

(b) Absent himself/herself from an official proceeding to which he/she

has been legally summoned; (AND)

(2) The defendant did so intentionally.

[Insert the instruction for Attempt 13A-4-2]

Official Proceeding is any proceeding heard before any legislative, judicial,

administrative or other government agency or official authorized to hear evidence under

oath. [13A-10-100(b)(5)]

Testimony includes oral or written statements, documents or any other material

that may be offered as evidence in an official proceeding. [13A-10-120(b)(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 engage in

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

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

each of the above elements of tampering with a witness, then you shall find the defendant

guilty of tampering with a witness.

If you find that the State has failed to prove any one or more of the elements of

tampering with a witness, then you cannot find the defendant guilty of tampering with a

witness.

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

offenses at this point.]

[Approved 6-17-16.]