Ala. Pattern Jury Instr. (Criminal) 13A-9-49

Issuing False Financial Statement

The defendant is charged with issuing false financial statement.

A person commits the crime of issuing false financial statement if, with intent to

defraud, he/she (1) knowingly makes or utters a written instrument which purports to

describe the financial condition or ability of himself/herself or some other person and

which is inaccurate in some material respect; or (2) represents in writing that a w ritten

instrument purporting to describe a person's financial condition or ability to pay is accurate

with respect to that person's current financial condition or ability to pay, knowing or having

reason to believe the instrument to be materially inaccurate in that respect.

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

elements:

(1) The Defendant [Read as appropriate]:

(A) Knowingly made or uttered a written instrument, [describe the

instrument], which purported to describe the financial condition or

ability of himself/herself or some other person which was inaccurate

in some material respect; (OR)

(B) Represented in writing that a written instrument, [describe the

instrument], purporting to describe a person’s financial condition or

ability to pay was accurate with respect to that person's current

financial condition or ability to pay while knowing or having reason to

believe the instrument to be materially accurate in that respect;

(AND)

(2) The Defendant did so with intent to defraud.

To utter means to directly or indirectly offer, assert, declare or put forth a forged

instrument as genuine. [13A-9-1(12)]

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 intentionally with respect to a result or to conduct when his/her

purpose is to cause that result or to engage in that conduct. [13A-2-2(1)]

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

each of the above elements of issuing false financial statement, then you shall find the

defendant guilty of issuing false financial statement.

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

issuing false financial statement, then you cannot find the defendant guilty of issuing false

financial statement.

[Approved 02-27-17.]