Ala. Pattern Jury Instr. (Criminal) 13A-10-39

Bail Jumping in the First Degree

The defendant is charged with bail jumping in the first degree.

A person commits the crime of bail jumping in the first degree if, having been

lawfully released from custody, with or without bail, upon condition that he/she will

subsequently appear at a specified time and place in connection with a charge of his/her

having committed murder or any Class A or B felony, he/she fails to appear at the time

and place.

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

elements:

(1) The Defendant had been lawfully released from custody, with or without

bail, upon condition that he/she would subsequently appear at a speci fied

time and place, [insert description];

(2) The Defendant’s release was in connection with a charge of his/her having

committed murder or any Class A or B felony, [insert charge];

(3) The Defendant failed to appear at the time and place; (AND)

(4) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

Custody is a restraint or detention by a public servant pursuant to a lawful arrest,

conviction or order of court, but does not include mere supervision of probation or parole,

or constraint incidental to release on bail. [13A-10-30(b)(1)]

A Class A Felony is a crime for which a sentence to a term of imprisonment for life

or not more than 99 years or less than 10 years may be imposed. [13A-5-6(a)(1)]

A Class B Felony is a crime for which a sentence to a term of imprisonment for not

more than 20 years or less than 2 years may be imposed. [13A-5-6(a)(2)]

[Read as appropriate]: It is a defense that the Defendant’s failure to appear was

unintentional or was unavoidable and du e to circumstances beyond his/her control. The

burden of injecting the defense is on the Defendant.

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

each of the above elements of bail jumping in the first degree, then you shall find the

defendant guilty of bail jumping in the first degree.

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

jumping in the first degree, then you cannot find the defendant guilty of bail jumping in the

first degree.

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

offenses at this point.]