Ala. Pattern Jury Instr. (Criminal) 13A-9-41

Deceptive Business Practices

The defendant is charged with deceptive business practices.

A person commits the crime of deceptive business practices if in the course of

engaging in a business, occupation, or profession, he/she (1) uses or possesses for use

a false weight or measure, or any other devise for falsely determining or recording any

quality or quantity; or (2) sells, offers, or exposes for sale, or delivers, les s than the

represented quantity of any commodity or service; or (3) takes or attempts to take more

than the represented quantity of any commodity or service when as buyer he/she

furnishes the weight or measure; or (4) sells, offers or exposes for sale adul terated

commodities; or (5) sells, offers, or exposes for sale mislabeled commodities.

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

elements: [Read as appropriate]:

(1) (A) The Defendant used or possessed for use a false weight or measure,

or any other device for falsely determining or recording any quality or

quantity, [description of device], in the course of engaging in a business,

occupation, or profession; (OR)

(B) The Defendant sold, offered, or exposed for sale, or delivered, less

than the represented quantity of any commodity or service, [name

commodity or service] , in the course of engaging in a business,

occupation, or profession; (OR)

(C) The Defendant took or attempted to take more than the represen ted

quantity of any commodity or service, [name commodity or service] when

as buyer he/she furnished the weight or measure, in the course of engaging

in a business, occupation, or profession; (OR)

(D) The Defendant sold, offered or exposed for sale adul terated

commodities, [describe], in the course of engaging in a business,

occupation, or profession; (OR)

(E) The Defendant sold, offered or exposed for sale mislabeled

commodities, [describe], in the course of engaging in a business,

occupation, or profession.

[Read as appropriate]: (AND)

(2) The Defendant did so knowingly or recklessly.

[Read as appropriate]: Services includes, but is not necessarily limited to, labor,

professional services, transportation, telephone or other public services, accommodation

in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services,

and the supplying of equipment for use. [13A-9-40(b) & 13A-8-10(b)]

[Read as appropriate] : Adulterated means varying from the standard of

composition or quality prescribed by statute or lawfully promulgated administrative

regulation, or if none, as set by established commercial usage. [13A-9-41(c)]

[Read as appropriate]: Mislabeled means (1) varying from the standard of truth

or disclosure in labeling prescribed by statute or lawfully promulgated administrative

regulation, or if none, as set by established commercial usage; or (2) represented as

being another person's produc t, though otherwise labeled accurately as to quality and

quantity. [13A-9-41(d)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that nature

or that the circumstance exists. [13A-2-2(2)]

A person acts recklessly with respect to a result or to a circumstance described by

a statute defining an offense when he/she is aware of and consciously disregards a

substantial and unjustifiable risk that the result will occur or that the circumstance exists.

The risk must be of such nature and degree that disregard thereof constitutes a gross

deviation from the standard of conduct that a reasonable person would observe in the

situation. [A person who create s a risk but is unaware thereof solely by reason of

voluntary intoxication, as defined in Section 13A -3-2(e)(2), acts recklessly with

respect thereto.] [13A-2-2(3)]

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

each of the above elements of deceptive business practices, then you shall find the

defendant guilty of deceptive business practices.

If you find that the State has failed to prove any one or more of the elements of

deceptive business practices, then you cannot find the defendant guilty of deceptive

business practices.