Ala. Pattern Jury Instr. (Criminal) 13A-12-53

Permitting Gambling Place on Premises

The Defendant is charged with permitting a gambling place on the premises.

A person commits the crime of permitting a gambling place on the premises if he/

she, being the owner, proprietor, or keeper, or superintendent of any tavern, inn,

restaurant, billiard room, poolroom or other public house, permits or suffers any person

or persons on or about the premises to provide a barred or barricaded room or rooms to

which persons resort for gaming or who knowingly or willfully permits or knowingly or

willfully suffers any person or persons to equip any room or rooms on or about the

premises with electric bells, wires or signals, or elevators, dumbwaiters or other

implements or appliances connected with such rooms used or to be used for the

purpose of communicating with an occupant or occupants of such gambling room or

rooms.

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

following elements:

(1) The defendant (name of defendant) was the owner, proprietor, or keeper,

or superintendent of a tavern, inn, restaurant, billiard room, poolroom or other public

house;

(2) The defendant [Read as appropriate]:

(a) Permitted or suffered a person or persons on or about the premises to

provide a barred or barricaded room or rooms to which persons resorted for gaming;

(OR)

(b) Knowingly or willfully permitted or knowingly or willfully suffered a

person or persons to equip a room or rooms on or about the premises with electric

bells, wires or signals, or elevators, dumbwaiters or other implements or appliances

connected with such rooms used or to be used for the purpose of communicating with

an occupant or occupants of such gambling room or rooms.

(3) The defendant acted [Insert appropriate mens rea element – see Use

Note].

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that

nature or that the circumstance exists. [13A-2-2(2)]

A person acts willfully when he/she acts voluntarily. A person acts willfully when

the act was committed voluntarily and purposefully with the specific intent to do

something the law forbids; that is to say, with bad purpose either to disobey or disregard

the law.

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

doubt each of the elements of permitting a gambling place on the premises, then you

shall find the defendant guilty of permitting a gambling place on the premises.

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

more of the above elements of permitting a gambling place on the premises, then you

cannot find the defendant guilty of permitting a gambling place on the premises.