Ala. Pattern Jury Instr. (Criminal) 13A-6-197

FINANCIAL EXPLOITATION OF ELDERLY THIRD DEGREE

The defendant is charged with financial exploitation of the elderly in the

third degree.

A person commits financial exploitation of the elderly in the third degree

if he/she takes the property of an elderly person, the value of the property

taken exceed $500, and he/she does so through financial exploitation.

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

following elements:

(1) The defendant took property, [Insert description of property], of an

elderly person, [Insert Name of Person];

(2) The value of the property taken did not exceed $500.00;

(3) The defendant did so through financial exploitation; (AND)

(4) The defendant acted [Insert appropriate mens rea element -

See Use

Note].

An Elderly Person is a person 60 years of age or older. [13A-

6-191(3)] A Person is a human being. [13A-6-191(8]

Financial Exploitation is the use of deception, intimidation, undue

influence, force, or threat of force to obtain or exert unauthorized control over

an elderly person's property with the intent to deprive the elderly person of his

or her property or the breach of a fiduciary duty to an elderly person by the

person's guardian, conservator, or agent under a power of attorney which

results in an unauthorized appropriation, sale, or transfer of the elderly

person's property. [13A-6-191(5)]

[Read as appropriate] Deception occurs when a person knowingly:

a. Creates or confirms another's impression, which is false and

which the defendant does not believe to be true.

b. Fails to correct a false impression which the defendant

previously has created or confirmed.

c. Fails to correct a false impression when the defendant is under

a duty to do so.

d. Prevents another from acquiring information pertinent to the

disposition of the property involved.

e. Sells or otherwise transfers or encumbers property, failing to

disclose a lien, adverse claim, or other legal impediment

to the enjoyment of the property, whether that

impediment is or is not valid, or is not a matter of official

record.

f. Promises performance which the defendant does not intend to

perform or knows will not be performed. [13A-6-191(2)]

[Read as appropriate] Intimidation is a threat of physical or emotional

harm to an elderly person, or the communication to an elderly person that he

or she will be deprived of food and nutrition, shelter, property, prescribed

medication, or medical care or treatment. [13A-6-191(6)]

[Read as appropriate] Undue Influence is the domination, coercion,

manipulation, or any other act exercised by another person to the extent that

an elderly person is prevented from exercising free judgment and choice.

[13A-6-191(9)]

[Read as appropriate] Force is physical action or threat against

another, including confinement. [13A-3-20]

Unauthorized control over property includes, but is not necessarily

limited to, the taking, carrying away, or the sale, conveyance, or transfer of title

to or interest in, or possession of, property. [13A-8-1(8)]

Value is the market value of the property at the time and place of the

criminal act. [13A-8-1(15)

[Read as appropriate] It shall not be a defense to financial exploitation

of an elderly person that the defendant reasonably believed that the victim was

not an elderly person. [13A-6-198(c)]

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

reasonable doubt each of the elements of financial exploitation of the elderly in

the third degree, then you shall find the defendant guilty of financial exploitation

of the elderly in the third degree.

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

any one or more of the elements of financial exploitation of the elderly in the

third degree, then you cannot find the defendant guilty of financial exploitation

of the elderly in the third degree.

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

on these offenses at this point.]