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

Charitable Fraud

(Using Name of Charitable Organization Without Consent)

The defendant is charged with charitable fraud.

A person commits the crime of charitable fraud if he/she knowingly uses the name

of a charitable organization without the consent of the charitable organization for the

purpose of soliciting contributions from persons in this state.

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

elements:

(1) The defendant used the name of a charitable organization;

(2) The defendant did so without the consent of the charitable organization;

(3) The defendant did so for the purpose of soliciting contributions from persons

in this state; (AND)

(4) The Defendant did so knowingly.

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

purporting to be such, consistent with the then -controlling definiti on 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, coun ty, 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)]

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, o ther 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 righ ts 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)]

Person is any individual, organization, gr oup, association, partnership,

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

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)]

A person shall be deemed to have used the name of a charitable organization for

the purpose of soliciting contributions if the latter charitable organization’s name is listed

on any stationery, advertisement, brochure, or correspondence in or by which a

contribution is solicited by or on behalf of a charitable organization or his/her name is

listed or referred to in connection with a request for a contribution as one who has

contributed to, sponsored, or endorsed the charitable organization or its activities. [13A -

9-71(m)]

[Read as appropriate] : An officer, director, or trustee of the charitable

organization by or for whom contributions are solicited may use the name. [13A-9-71(l)]

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 prov e beyond a reasonable doubt any one

or more of the elements of the offense of charitable fraud, then you cannot find the

defendant guilty of charitable fraud.