Ala. Pattern Jury Instr. (Criminal) 13A-9-71(A)

Theft of Property by Charitable Fraud in the Second Degree

The defendant is charged with theft of property by charitable fraud in the second

degree.

A person commits the crime of theft of property by charitable fraud in the second

degree if, he/she is a professional fund raiser or solicitor and knowingly represents that

he/she is soliciting funds for a charitable organization without that charitable

organization’s consent and receives contributions which are not delivered to the

charitable organization either within 30 days after receipt or within 10 days upon request

therefor by the charitable organization, whichever is sooner, and the property exceeds

$500 in value but does not exceed $2,500 in value.

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

elements:

(1) The defendant was a professional fund raiser or solicitor;

(2) The Defendant represented that he/she was soliciting funds for a charitable

organization and did so without the charitable organization’s consent;

(3) The Defendant received contributions which were not delivered to the

charitable organization either within 30 days after receipt or within 10 d ays

upon request therefor by the charitable organization, whichever is sooner;

(4) The property exceeded $500 in value but did not exceed $2,500 in value;

(AND)

(5) The Defendant did so knowingly.

[Insert Theft of Property instructions as appropriate].

Professional fund raiser is any person who for compensation or other consideration

plans, conducts, manages, or carries on any drive or campaign in this state for the

purpose of soliciting contributions for or on behalf of any charitable organization or any

other person, or who engages in the business of, or holds himself/herself out to persons

in this state as independently engaged in the business of soliciting contributions for such

purposes. A bona fide officer or employee of a charitable organizat ion is not a

professional fund raiser unless his/her salary or other compensation is computed on the

basis of funds to be raised, or actually raised. This section shall not apply to persons who

solicit political campaign contributions on behalf of candidat es for public office or

initiatives on a ballot. [13A-9- 70 (9)]

Professional solicitor is any person who is employed or retained for compensation

by a professional fund raiser to solicit contributions for charitable purposes in this state.

[13A-9-70 (10)]

Person is any individual, organization, group, association, partnership,

corporation, trust, or any combination of them. [13A-9-70)(7)]

Contribution is the promise or grant of any money or property of any kind or value,

including the promise to pay, except payments by members of an organization for

membership fees, dues, fines, or assessments, or for services rendered to individual

members, if membership in the organization confers a bona fide right, privilege,

professional standing, honor, or other direct benefit, other than the right to vote, elect

officers, or hold offices, and except money or property received from any governmental

authority. Reference to the dollar amount of “contributions” means in the case of promises

to pay, or payments for merchandise or rights of any other description, the value of the

total amount promised to be paid for the merchandise or rights and not merely that portion

of the purchase price to be applied to a charitable purpose. [13A-9-70(5)]

Charitable organization is any benevolent, philanthropic, or patriotic person, or one

purporting to be such, consistent with the then -controlling definition provided in the

Internal Revenue Code of the United States of America, which solicits and collects funds

for charitable purposes and includes each local, county, or area division within this state

of the charitable organization; provided the local, county, or area division has authority

and discretion to disburse funds or property otherwise than by transfer to any parent

organization. [13A-9-70(1)]

Charitable purpose is any charitable, benevolent, philanthropic, or patriotic

purpose which is consistent with the then -controlling definition provided in the Internal

Revenue Code of the United States of America. [13A-9-70(2)]

A person acts knowingly with respect to conduct or to a circumstance when he/she

is aware that his/her conduct is of that nature or that the circumstance exists. [13A-2-2(2)]

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

each of the elements of theft of property by charitable fraud in the second degree, then

you shall find the defendant guilty of theft of property by charitable fraud in the second

degree.

If you find that the State has fail ed to prove beyond a reasonable doubt any one

or more of the elements of theft of property by charitable fraud in the second degree, then

you cannot find the defendant guilty of theft of property by charitable fraud in the second

degree.

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

offenses at this point.]

[Approved 9-11-15.]