Ala. Pattern Jury Instr. (Criminal) 13A-8-194

Obstructing Justice Using a False Identity

The defendant is charged with obstructing justice using a false identity.

A person commits the crime of obstructing justice using a false identity if, he/she

uses identification document s or identifying information of another person or a fictitious

person to avoid summons, arrest, prosecution, or to impede a criminal investigation.

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

elements:

(1) The defendant used identification documents or identifying information of

another person or a fictitious person, [insert name];

(2) The defendant did so to avoid summons, arrest, prosecution, or to impede

a criminal investigation; (AND)

(3) The defendant acted knowingly.

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)]

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 identification, or obtain

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

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

each of the above elements of obstructing justice using a false identity, then you shall find

the defendant guilty of obstructing justice using a false identity.

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

obstructing justice using a false identity, then you cannot find the defendant guilty of

obstructing justice using a false identity.

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

offenses at this point.]