Ala. Pattern Jury Instr. (Criminal) 13A-9-71(H) (FAILURE TO REGISTER)

Charitable Fraud

(Failing to Register as Professional Fund Raiser or Commercial Co-Venturer)

The defendant is charged with charitable fraud.

A person commi ts the crime of charitable fraud if he/she acts as a professional

fund raiser or commercial co-venturer and knowingly

(1) He/she does so either before he/she registers with the Attorney General, or

after the expiration or cancellation of his/her registration and prior to renewal

thereof; (OR)

(2) He/she does not apply for registration or renewal: [Read all appropriate]

(a) In writing;

(b) Under oath;

(c) In the form prescribed by the Attorney General;

(d) Accompanied by an annual fee in the amount of $100; (OR)

(e) With a bond in which the applicant is the principal obligor in the sum

of $10,000 with one or more sureties whose liability in the aggregate

as sureties will at least equal that sum, approved by the Attorney

General.

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

elements:

(1) The defendant acted as a professional fund raiser or commercial co -

venturer;

(2) (a) The defendant did so befo re he/she registered with the Attorney

General, or after the expiration or cancellation of his/her registration

and prior to renewal thereof; (OR)

(b) The defendant did not apply for registration or renewal: [Read all

appropriate]

(i) In writing;

(ii) Under oath;

(iii) In the form prescribed by the Attorney General;

(iv) Accompanied by an annual fee in the amount of $100; (OR)

(v) With a bond in which the applicant is the principal obligor in

the sum of $10,000 with one or more suretie s whose liability

in the aggregate as sureties will at least equal that sum,

approved by the Attorney General; (AND)

(3) The Defendant did so knowingly.

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 organization 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 candidates for public office or

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

Commercial co -venturer is any person who for profit or other commercial

consideration, conducts, promotes, underwrites, arranges, or sponsors a sale,

performance, or event of any kind which is advertised, and which will benefit, to any

extent, a charitable or religious organization. However, any such person who will benefit

in good will only, is not a commercial co -venturer if the collection and distribution of the

proceeds of the sale, performance, or event are supervised and controlled by the

benefitting charitable or religious organization. [13A-9-70(4)]

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

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

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

purporting to b e 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, ph ilanthropic, 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)]

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)]

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)]

Religious organization is any society, sect, persuasion, mission, church, parish,

congregation, temple, convention, or association of any of the foregoing, diocese or

presbytery, or other organization, whether or not incorporated, or any employee thereof,

no part of the net earnings of which inures to the benefit of any private party or individual

associated with such an organization and that otherwise qualifies as an exempt

organization under Section 501(c)(3) of Title 26, United States Code, as amended. [13A-

9-70(11)]

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 the offense of charitable fraud, then you shall find the defendant

guilty of charitable fraud.

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 charitable frau d, then you cannot find the

defendant guilty of charitable fraud.