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

Violating Payment and Purchase Limitations for Secondary Metals Recyclers

(Hours)

The Defendant is charged with violating payment and purchase limitations for

secondary metals recyclers (hours).

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

secondary metals recyclers (hours) if he/she is a secondary metal s recycler and

purchases metal property between the hours of 9:00 p.m. and 6:00 a.m.

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 purcha sed metal property between the hours of 9:00 p.m.

and 6:00 a.m.; (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 busine ss 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 a nd having an existing 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 automotive dismantler and

parts recycler as defined in Section 40 -12-410, unless t he 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 accordance 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, copper, brass, aluminum other than aluminum cans,

bronze, lead, zinc, nickel, s tainless 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)]

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 o f the

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

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

and purchase limitations for secondary metals recyclers (hours).

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 (hours), then you cannot find the defendant guilty of

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