Ala. Pattern Jury Instr. (Criminal) 13A-8-31(D)

Giving False Information to a Secondary Metals Recycler

The Defendant is charged with giving false information to a secondary metals

recycler.

A person commits the crime of giving false information if he/she gives false

information and receives money or other consideration from a secondary metals

recycler in return for metal property.

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

elements:

The defendant acted [Insert appropriate mens rea element - See Use Notes].

A secondary metals recycler is any person, whether licensed o r not licensed, who is

engaged, from a fixed location or otherwise, in the business of paying compensation for

ferrous or nonferrous metals, whether or not engaged in the business of performing the

manufacturing process by which ferrous metals or nonferrou s metals are converted into

raw material products consisting of prepared grades and having an existin g or potential

economic value. [Read as appropriate]: The term does not include a pawnbroker

licensed pursuant to Chapter 19A of Title 5, or a licensed au tomotive dismantler and

parts recycler as defined in Section 40 -12-410, unless the entities engage in the

business of paying compensation for ferrous or nonferrous metals. [13A -8-30(9)]

Ferrous metals are metals containing significant quantities of iron or steel, excluding

motor vehicles purchased in a ccordance with Section 32 -8-87. [Read as appropriate:

Section 32-8-87]. [13A-8-30(1)]

Nonferrous metals are metals not containing significant quantities of iron or steel,

including, without limitation, co pper, brass, aluminum other than aluminum cans,

bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel

beer kegs. [13A-8-30(4)]

A person is an individual, partnership, corporation, joint venture, trust, association,

or any other legal entity. [13A-8-30(5)]

Metal property is either ferrous or nonferrous metals. [13A-8-30(3)]

If you find that the State has proved beyond a reasonable doubt each of the

elements of the offense of giving false information to a secondary meta ls recycler, then

you shall find the Defendant guilty of giving false information to a secondary metals

recycler.

If you find that the State has failed to p rove beyond a reasonable doubt any one or

more of the elements of the offense of giving false information to a secondary metals

recycler, then you cannot find the defendant guilty of giving false information to a

secondary metals recycler.