Ala. Pattern Jury Instr. (Criminal) 13A-8-114

Phishing

The defendant is charged with phishing.

A person commits the crime of phishing if he/she by means of an Internet web

page, electronic mail message, or otherwise using the Internet, solicits, requests, or

takes any action to induce another person to provide identifying information by

representing that the person, either directly or by implication, is a business, without

the authority or approval of the business.

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

following elements:

(1) The defendant solicited, requested, or took any action to induce

another person to provide identifying information;

(2) The Defendant did so by representing that the person, either directly or

by implication, was a business;

(3) The Defendant did so without the authority or approval of the business;

(4) The Defendant did so by means of an Internet web page, electronic

mail message, or otherwise using the Internet; (AND)

(5) The Defendant acted [Insert appropriate mens rea element – See

Use Note].

Identifying information are specific details that can be used to access a

person's financial accounts, obtain identification, or to obtain goods or services,

including, but not limited to:

a. Social Security number.

b. Driver's license number.

c. Bank account number.

d. Credit card or debit card number.

e. Personal identification number (PIN).

f. Automated or electronic signature.

g. Unique biometric data.

h. Account

password. [13A-8-

111(15)]

A web page is a location that has a single uniform resource locator or other

single location with respect to the Internet. [13A8-111(24)]

Electronic mail message is a message sent to a unique destination that

consists of a unique user name or mailbox and a reference to an Internet domain,

whether or not displayed, to which such message can be sent or delivered. [13A8-

111(10)]

[Read as appropriate]: An interactive computer service provider shall not be

held liable or found in violation of this section by identifying, removing, or disabling

access to an Internet web page or other online location that such provider reasonably

believes by clear and convincing evidence that it is being used to engage in a

violation of this section. [13A-8-114(h)]

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

doubt each of the elements of the offense of phishing, then you shall find the

defendant guilty of phishing.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of phishing, then you shall find

the defendant not guilty of phishing.