Ala. Pattern Jury Instr. (Criminal) 13A-6-45

Interference with Custody

The defendant is charged with interference with custody.

A person commits the crime of interference with custody if he/she knowingly takes

or entices: [Read all appropriate]:

1. Any child under the age of 18 from the lawful custody of his/her parent,

guardian or other lawful custodian; (OR)

2. Any committed person from the lawful custody of his/her parent, guardian

or other lawful custodian.

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

elements:

(1) The defendant took or enticed another person, [name];

(2) That person, [name], was: [Read all appropriate]:

(a) A child under the age of 18 from the lawful custody of his/her parent,

guardian or other lawful custodian; (OR)

(b) A committed person from the lawful custody of his/her parent,

guardian or other lawful custodian; (AND)

(3) The defendant did so knowingly and intentionally. [See Use Note]

[Read as appropriate] : Committed pers on means, in addition to anyone

committed under judicial warrant, any neglected, dependent or delinquent child, mentally

defective or insane person or any other incompetent person entrusted to another’s

custody by authority of law. [13A-6-45(a)(2)]

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 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)]

[Read as appropriate - See Use Note]: A person does not commit interference

with custody if the actor’s sole purpose is to assume lawful control of the child. [13A -6-

45(b)]

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

each of the above elements of interference with custody, then you shall find the defendant

guilty of interference with custody.

If you find that the State has failed to prove any one or more of the elements of

interference with custody, then you cannot find the defendant guilty of interference with

custody.

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

offenses at this point.]