Ala. Pattern Jury Instr. (Criminal) 13A-4-1

CRIMINAL SOLICITATION

The defendant is charged with criminal solicitation.

A person commits the crime of criminal solicitation if, with the intent that another

person engage in conduct constituting a crime, he/she does any of the following:

(a) solicits;

(b) requests;

(c) commands; (OR)

(d) importunes, which means to urge persistently,

the other person to engage in such conduct.

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

elements:

(1) the defendant

(a) solicited;

(b) requested;

(c) commanded; (OR)

(d) importuned

[Insert name of person solicited] to commit the crime of [Insert name of crime

solicited]; (AND)

(2) the defendant did so with the intent that another person engage in conduct

constituting a crime.

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)]

A person commits the crime of [Insert name of crime solicited] if [Insert

instruction for that crime].

[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 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 crime solicited].

[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.

[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 offense solicited, the

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

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

solicitation that the person solicited 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.

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

solicitation that the defendant is legally incapable of committing the solicited offense.

[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, then you cannot find the defendant guilty of this offense.

[Adopted 10-17-14.]