Ala. Pattern Jury Instr. (Criminal) 13A-8-37.1

Failing to Obtain Ownership Documentation

The Defendant is charged with failing to obtain ownership documentation.

A person commits the crime of failing to obtain ownership documentation if he/she is

a secondary metals recycler and purchases the following property, unless a copy of

verifiable documentation, in addition to the signed statement required, is provided to the

secondary metals recycler that the seller is the owner of the property: [Read as

appropriate]

(1) Catalytic convertors that are not part of an entire motor vehicle;

(2) Metal property of a telephone company, an electric company, a cable

company, a water company, another utility, or a railroad marked or

otherwise identified as such;

(3) Copper wire that has been burned to remove the insulation, unless

verifiable documentation is provided that the source of the copper wire was

in a building destroyed by fire;

(4) A copper, aluminum, or aluminum -copper condensing or evaporating coil,

including its tubing or rods, from a heating or air conditioning unit, excluding

scrap from wind ow air conditioning units and automobile condenser coils,

unless any one of the following criteria are satisfied:

(a) The condenser coils are being sold by a licensed contractor, HVAC

contractor, plumber, or electrician and a current and valid license wit h

number is provided at the time of sale and copied or scanned by the

secondary metals recycler at the time of sale; (OR)

(b) The condenser coils are being sold by a person with verifiable

documentation, such as a receipt or work order, indicating that th e

condenser coils are the result of a replacement of an air conditioner

unit or condenser coils performed by a licenses contractor;

(5) Utility access covers, manhole covers, or storm drain covers, unless the

seller is a company that deals in the manufacture or sale of the

aforementioned products;

(6) Grave markers, vases, memorials, statues, plaques, or other bronze objects

used at a cem etery or other location where deceased persons are interred

or memorialized or any other metal historic markers or monuments or the

attached support or post to either, unless the seller is a company that deals

in the manufacture or sale of the aforemention ed property;

(7) Any metal property that has been brightly painted or marked to deter theft of

the property;

(8) Ventilation fans or similar fans designed to supply fresh air to workers in

confined spaces such as underground mines or other similar

circumstances.

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 purchased the following property: [Read as appropriate]

(a) Catalytic convertors that are not part of an entire motor vehicle;

(b) Metal property of a telephone company, an electric company, a cable

company, a water company, another utility, or a railroad marked or

otherwise identified as such;

(c) Copper wire that has been burned to remove the insulation, unless

verifiable documentation is provided that the source of the copper wire

was in a building destroyed by fire;

(d) A copper, aluminum, or aluminum-copper condensing or evaporating

coil, including its tubing or rods, from a heating or air conditioning unit,

excluding scrap from window air conditioning units and automobile

condenser coils, unless any one of the following criteria are satisfied:

i. The condenser coils are being sold by a licensed contractor,

HVAC contractor, plumber, or electrician and a current and valid

license with number is provided at the time of sale and copied

or scanned by the secondary metals recycler at the time of sale;

(OR)

ii. The condenser coils are being sold by a person with verifiable

documentation, such as a receipt or work order, indicating that

the condenser coils are the result of a replacement of an air

conditioner unit or condenser coils performed by a licenses

contractor;

(e) Utility access covers, manhole covers, or storm drain covers, unless

the seller is a company that deals in the manufacture or sale of the

aforementioned products;

(f) Grave markers, vases, memorials, statues, plaques, or other bronze

objects used at a cem etery or other location where deceased persons

are interred or memorialized or any other metal historic markers or

monuments or the attached support or post to either, unless the seller

is a company that deals in the manufacture or sale of the

aforementioned property;

(g) Any metal property that has been brightly painted or marked to deter

theft of the property;

(h) Ventilation fans or similar fans designed to supply fresh air to workers

in confined spaces such as underground mines or other similar

circumstances;

(3) The Defendant did so without being provided a copy of verifiable

documentation that the seller was the owner of the property, in addition to

the signed statement required; (AND)

(4) The defendant acted [Insert appropriate mens rea element - See Use

Notes].

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 busi ness 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 pursuant 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 of 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, associat ion,

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

Verifiable documentation is written evidence of ownership which may be verified,

including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase

agreements, shipping manifests, work orders, etc. [13A-8-30(10)]

A signed statement means a statement signed from the person receiving

consideration in the purchase transaction stating he/she is the rightful own er of the

metal property or is authorized to sell the property being sold. [13A-8-31(a)(6)]

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

elements of the offense of failing to obtain ownership documentation, then you shall

find the Defendant guilty of failing to obtain ownership documentation.

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

more of the elements of the offense of failing to obtain ownership documentation, then

you cannot find the defendant guilty of failing to obtain ownership documentation.