Ala. Pattern Jury Instr. (Criminal) 13A-10-63

Trading in Public Office

The defendant is charged with trading in public office.

A person commits the crime of trading in public office if he/she offers, confers or

agrees to confer any pecuniary benefit upon a public servant or party officer upon an

agreement or understanding that he/she will or may be appointed to a public office or

public employment or designated or nominated as a candidate for public office.

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

elements:

(1) The defendant offered, conferred or agreed to confer a pecuniary benefit

upon a public servant or party officer [describe];

(2) The defendant did so upon an agreement or understanding that he/she

would or may be appointed to a public office or public employment or

designated or nominated as a candidate for public office [describe]; (AND)

(3) The defendant acted [insert appropriate mens rea element - See Use

Notes].

A pecuniary benefit is a benefit in the form of money, property, commercial

interests or anything else the primary significance of which is economic gain. Expenses

associated with social occasions afforded public servants and party officers shall not be

deemed a pecuniary benefit. [13A-10-60(2)]

A benefit is any gain or advantage to the beneficiary, including any gain or

advantage to a third person pursuant to the desire or consent of the beneficiary. [13A-10-

60(1)]

A public servant is any officer or employee of government, including legislators and

judges and any person or agency participating as an adviser, consultant, or otherwise in

performing a governmental function. This includes persons who presently occupy the

position of a public servant, or have been elected, appointed or designated to become a

public servant although not yet occupying that position. [13A-10-60(b)(3) & 13A-10-1(7)]

A party officer is a person who holds any position or office in a political party,

whether by election, appointment or otherwise. [13A-10-60(4)]

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

each of the above elements of trading in public office, then you shall find the defendant

guilty of trading in public office.

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

trading in public office, then you cannot find the defendant guilty of trading in public office.

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

offenses at this point.]