Ala. Pattern Jury Instr. (Criminal) 13A-8-22_A2OBSCURINGIDENTITYOFVEHICLEPOSSESSION

OBSCURING IDENTITY OF VEHICLE

(Possession of Vehicle With Obscured

Number)

The defendant is charged with obscuring identity of a vehicle.

A person commits the crime of obscuring identity of a vehicle if he/she

possesses a vehicle or component part thereof knowing that the manufacturer's

serial number or other identification number or mark has been obscured unless

he/she legally acquired ownership of the vehicle or part before the

manufacturer's serial number was obscured or before he/she knew it was

obscured.

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

following elements of obscuring identity of a vehicle:

(1) The defendant possessed a vehicle or component part thereof,

[Insert description of vehicle or part];

(2) The manufacturer's serial number or other identification number

or mark had been obscured;

(3) The defendant legally acquired ownership of the vehicle or part

after:

(a) The manufacturer's serial number or other

identification number or mark was obscured; (OR)

(b) He/she knew the manufacturer's serial number or

other identification number or mark was obscured;

(AND)

(4) The defendant did so knowingly.

Obscure means to remove, deface, cover, alter, destroy or otherwise

render unidentifiable. [13A-8-22(b)]

Vehicle means any propelled device in, upon or by which any person or

property is transported on land, water or in the air, including stationary rails or

tracks, and includes motor vehicles, motorboats, vessels and aircraft.

[13A-8-22(c)]

[Read as appropriate] Proof that a person has obscured the

manufacturer's serial number or other distinguishing identification number or

mark on a vehicle is prima facie evidence that he/she did so with the intent to

render it unidentifiable. [13A-8-22(d)] Such prima facie evidence of intent may

be rebutted, however, by other evidence as a whole.

[Read as appropriate] Possession of a vehicle held for sale in the

course of business on which the serial number or other identification number or

mark has been obscured is prima facie evidence of knowledge of that fact.

[13A-8-22(e)] Such prima facie evidence of intent may be rebutted, however, by

other evidence as a whole.

A person acts knowingly with respect to conduct or to a circumstance

when he/she is aware that his/her conduct is of that nature or that the

circumstance exists.[13A-2-2(2)]

[Read as appropriate] A report by the defendant to the police or other

appropriate government agency before arrest is a defense to this charge. [13A-

8-22(f)]

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

reasonable doubt each of the above elements of obscuring identity of a

vehicle, then you shall find the defendant guilty of obscuring identity of a

vehicle.

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

elements of the offense of obscuring identity of a vehicle, then you cannot find

the defendant guilty of obscuring identity of a vehicle.

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

on those offenses at this point.]