Ala. Pattern Jury Instr. (Criminal) 13A-12-202

Criminal Solicitation To Commit Controlled Substance Crime

The defendant is charged with criminal solicitation to commit [Insert name of

controlled substance crime solicited].

A person commits the crime of criminal solicitation to commit [Insert name of

controlled substance crime solicited], if, with the intent that another person engage in

conduct constituting a crime, he/she solicits, requests, commands or importunes the other

person to engage in such conduct and the crime solicited is a controlled substance crime.

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

elements:

(1) The defendant solicited, requested, commanded or importuned a person ,

[Insert name of person solicited], to commit a controlled substance crime

[Insert name of controlled substance crime solicited];

(2) [Insert name of controlled substance crime solicited] is a controlled

substance crime; (AND)

(3) The defendant intend ed that the other person engage in conduct

constituting the controlled substance crime of [Insert name of controlled

substance crime solicited].

A person commits the crime of [Insert name of controlled substance crime

solicited] if [Insert instruction for that crime].

Importune means to urge persistently. [Instruction for 13A -4-1, Criminal

Solicitation.]

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 res ult or to engage in

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

[Read if appropriate - Corroboration] – A person may not be convicted of

criminal solicitation on the uncorroborated testimony of [Insert name of person

solicited]. Such testimony, to be sufficient, must be corroborated by other proof of

circumstances tending to show both:

(1) the defendant solicited him/her to commit the crime of [Insert name of

controlled substance crime solicited]; (AND)

(2) the defendant did so with the requisite intent that the person be caused to

commit the crime of [Insert name of controlled substance crime

solicited]. [13A-4-1(a)]

[Read if appropriate - Renunciation] – A person is not guilty of criminal

solicitation if he/she voluntarily and completely renounced his/her criminal intent by both:

(1) notifying the person solicited of his/her renunciation; (AND)

(2) either:

(a) giving timely and adequate warning to law enforcement; (OR)

(b) making a substantial effort to prevent the criminal conduct solicited.

The burden of raising this issue is on the defendant, but this does not shift the

burden of proof to the defendant. [13A-4-1(b)]

[Read if appropriate - Incidental] – A person is not guilty of criminal solicitation

when his/her solicitation constitutes conduct of a kind that is necessarily incidental to the

commission of the offense solicited. When the solicitation constitutes an offense other

than criminal solicitation which is related to but separate from the offe nse solicited, the

defendant may be found guilty of the related offense only and not of the criminal

solicitation. [13A-4-1(c)]

[Read if appropriate - Solicited Person] – It is no defense to a prosecution for

criminal solicitation that the person solicite d could not be guilty of the offense solicited

because of any of the following:

(1) criminal irresponsibility or other legal incapacity or exemption;

(2) unawareness of the criminal nature of the conduct solicited or of the

defendant’s criminal purpose; (OR)

(3) any other factor precluding the mental state required for the commission of

the offense in question. [13A-4-1(d)]

[Read if appropriate - Incapable] – It is no defense to a prosecution for criminal

solicitation that the defendant is legally incap able of committing the solicited offense.

[13A-4-1(e)]

[Read if appropriate - Completed] – It is no defense to a prosecution for criminal

solicitation that the solicited offense was actually committed. [13A-4-5]

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

each of the elements of the offense, then you shall find the defendant guilty of this offense.

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

or more of the elements of the offense, then you cannot find the defendant guilty of this

offense.