Ala. Pattern Jury Instr. (Criminal) 13A-11-241(A) (SELL OR BUY FUR)

Cruelty to Dog or Cat in the First Degree

(Offers for Sale or to Buy Fur)

The defendant is charged with cruelty to a dog or cat in the first degree.

A person commits the crime of cruelty to a dog or cat in the first degree if he/she

intentionally offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt

of a domestic dog or cat.

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

elements:

(1) The defendant offered for sale or exchange or offered to buy or exchange the

fur, hide, or pelt of a domestic dog or cat; (AND)

(2) The defendant acted intentionally.

The words dog or cat shall mean any domesticated member of the dog or cat

family. [13A-11-240(c)]

[Read as appropriate]: The Defendant cannot be convicted if he/she is one of the

following persons or institutions: [Read as appropriate]:

1. Academic and research enterprises that use dogs or cats for medical or

pharmaceutical research or testing;

2. Any owner of a dog or cat who euthanizes the dog or cat for humane purposes;

3. Any person who kills a dog or cat found outside of the owned or rented property

of the owner or custodian of the dog or cat when the dog or cat threatens

immediate physical injury or is causing physical injury to any person, animal,

bird, or silvicultural or agricultural industry;

4. A person who shoots a dog or cat with a BB gun not capable of inflicting serious

injury when the dog or cat is defecating or urinating on the person’s property;

(OR)

5. A person who uses a training device, anti-bark collar, or an invisible fence on

his/her own dog or cat or with permission of the owner.[13A-11-246]

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 elements of cruelty to a dog or cat in the first degree, then you shall find the

defendant guilty of cruelty to a dog or cat in the first degree.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of cruelty to a dog or cat in the first degree, then you cannot find

the defendant guilty of cruelty to a dog or cat in the first degree.

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

offenses at this point.]

[Approved 05/09/19]