Ala. Pattern Jury Instr. (Criminal) 13A-8-83

Selling, Renting or Transferring Recorded Device Not Containing

True Name & Address of Manufacturer

The defendant is charged with selling, renting or transferring a recorded

device not containing the true name and address of the manufacturer.

A person commits the crime of selling, renting or transferring a

recorded device not containing the true name and address of the

manufacturer if he/she sells, rents or transfers for commercial advantage or

private financial gain, or possesses for the purpose of sale, rental or transfer

by any manufacturer, distributor or wholesaler or retail merchant a recorded

device and that device does not contain on its packaging the true name and

address of the manufacturer.

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

the following elements:

(1) The Defendant sold, rented or transferred for commercial

advantage or private financial gain, or possessed for the purpose of

sale, rental or transfer by any manufacturer, distributor or

wholesaler or retail merchant a recorded device;

(2) The recorded device did not contain on its packaging the true

name and address of the manufacturer, [insert name and

address]; (AND)

(3) The defendant acted [Insert appropriate mens rea element -

See Use Notes].

The term “recorded device” means the tangible medium upon which

sounds or images are recorded or otherwise stored, and includes any

phonograph record, disc, wire, tape, videocassette, film, or other medium

now known or later developed on which sounds or images are recorded or

otherwise stored. [13A-8-83]

The term “manufacturer” shall not include the manufacturer of the

cartridge or casing itself, but shall mean the manufacturer of the actual

recorded material. [13A-8-83]

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

reasonable doubt each of the elements of selling, renting or transferring a

recorded device not containing the true name and address of the

manufacturer, then you shall find the defendant guilty of selling, renting or

transferring a recorded device not containing the true name and address of the

manufacturer.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of selling, renting or

transferring a recorded device not containing the true name and address of the

manufacturer, then you shall find the defendant not guilty of selling, renting or

transferring a recorded device not containing the true name and address of the

manufacturer.

If you find the defendant guilty of selling, renting or transferring a

recorded device not containing the true name and address of the

manufacturer, then it shall be your duty to determine the number of offenses

as follows:

(a) Each separate sale, rental or possession for sale or rental of

any recording shall constitute a separate offense;

(b) Determine whether the State has proved beyond a reasonable doubt

that the number was not less than 100 unlawful sound recordings or not less

than 7 unlawful audio visual recordings.

(c) You shall enter your verdict on a special verdict form which I will

provide

you.