Ala. Pattern Jury Instr. (Criminal) 13A-8-192

Identity Theft

The defendant is charged with identity theft.

A person commits the crime of identity theft if, without the authorization, consent,

or permission of the victim, and with the intent to defraud for his/her own benefit or the

benefit of a third person, he/she: [Read as appropriate]:

(1) Obtains, records, or accesses identifying information that would assist in

accessing financial resourc es, obtaining identification documents, or

obtaining benefits of the victim;

(2) Obtains goods or services through the use of identifying information of the

victim;

(3) Obtains identification documents in the victim’s name; [OR]

(4) Obtains employment through the use of identifying information of the victim.

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

elements:

(1) The defendant: [Read as appropriate]:

(a) Obtained, recorded, or accessed identifying informati on that would

assist in accessing financial resources, obtaining identification

documents, or obtaining benefits of the victim, [insert name];

(b) Obtained goods or services through the use of identifying information

of the victim, [insert name];

(c) Obtained identification documents in the victim’s name, [insert

name]; [OR]

(d) Obtained employment through the use of identifying information of

the victim, [insert name];

(2) The defendant did so without the authorization, consent, or permission of

the victim, [insert name]; (AND)

(3) The defendant did so with the intent to defraud for his/her own benefit or the

benefit of a third person.

Identifying information is any information, used either alone or in conjunction with

other information, that specifically identifies a person or a person’s property, and includes,

but is not limited to, any of the following information related to a person:

a. Name

b. Date of birth

c. Social Security number

d. Driver’s license number

e. Financial services account numbers, including checking and savings

accounts

f. Credit or debit card numbers

g. Personal identification numbers (PIN)

h. Electronic identification codes

i. Automated or electronic signatures

j. Biometric data

k. Fingerprints

l. Passwords

m. Parent’s legal surname prior to marriage

n. Any other numbers or information that can be used to access a person’s

financial resources, obtain identification, act as identificati on, or obtain

goods or services. [13A-8-191(2)]

Identification documents are any papers, cards, or other documents issued by

federal, state, or local governmental authorities that are used specifically to identify a

person. Identification documents include, but are not limited to, driver’s licenses, military

identification cards, passports, birth certificates, Social Security cards, and other

government-issued identification cards. [13A-8-191(1)]

Victim is a person whose identification documents or identifying information are

used to perpetuate a crime created by this article. [13A-8-191(3)]

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)]

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

each of the above elements of identity theft, then you shall find the defendant guilty of

identity theft.

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

identity theft, then you cannot find the defendant guilty of identity theft.

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

offenses at this point.]