Ala. Pattern Jury Instr. (Criminal) 13A-9-21(A)(6) (COPYING LICENSING EXAM)

Making or Obtaining Unauthorized Copy of Licensing Exam or Retaining Copy

The defendant is charged with making or obtaining an unauthorized copy of the

licensing exam or retaining a copy.

A person commits the crime of making or obtaining an unauthorized copy of the

licensing exam or retaining a copy if in connection with an examination administered by

the Board of Medical Examiners, he/she attempts to make or obtain an unauthorized copy

of the examination or questions of the examination or retains a copy of the examination

or a question of the examination which he/she is directed to return to the board.

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

elements:

(1) The defendant attempted to make or obtain an unauthorized copy of the

examination or questions of the examination or retained a copy of the

examination or a question of the examination which he/she was directed to

return to the board, [describe], in connection with sitting for an examination

administered by the Board of Medical Examiners; (AND)

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

Note].

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

each of the elements of the offense of making or obtaining an unauthorized copy of the

licensing exam or retaining a copy, then you shall find the defendant guilty of making or

obtaining an unauthorized copy of the licensing exam or retaining a copy.

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 making or obtaining an unauthorized copy of

the licensing exam or retaining a copy, then you cannot find the defendant guilty of making

or obtaining an unauthorized copy of the licensing exam or retaining a copy.

[If lesser-included offenses are included, the Court should instruct on these

offenses at this point.]