Ala. Pattern Jury Instr. (Criminal) 13A-8-31.1(A)(CHECK)

Violating Payment and Purchase Limitations for Secondary Metals Recyclers

(Check)

The Defendant is charged with violating payment and purchase limitations for

secondary metals recyclers (check).

A person commits the crime of violating payment and purchase limitations for

secondary metals recyclers (check) if he/she is a secondary metals recycler an d in a

purchase of metal property pays by check intentionally not made payable only to the

person whose information was recorded pursuant to 13A-8-31.

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

elements:

(1) The defendant was a secondary metals recycler;

(2) The Defendant in a purchase of metal property paid by check not made

payable only to the person whose information was recorded pursuant to

13A-8-31; (AND)

(3) The defendant did so intentionally.

A secondary metals recycler is any person, whether licensed or 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 nonferrous 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 pu rsuant to Chapter 19A of Title 5, or a licensed automotive 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 ac cordance with Section 32 -8-87. [Read as appropriate:

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

Nonferrous metals are metals not containing significant quantities o f iron or steel,

including, without limitation, copper, brass, aluminum other than aluminum cans,

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

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

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

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

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

[Read as appropriate Section 13A-8-31].

A person acts intentionally with respect to a result or to conduct when his/her

purpose is to cause that result or engage in that conduct. [13A-2-2(1)]

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

elements of the offense of violating payment and purch ase limitations for secondary

metals recyclers (check), then you shall find the Defendant guilty of violating payment

and purchase limitations for secondary metals recyclers (check).

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

more of the elements of the offense of violating payment and purchase limitations for

secondary metals recyclers (check), then you cannot find the defendant guilty of

violating payment and purchase limitations for secondary metals recyclers (check).