Ala. Pattern Jury Instr. (Criminal) 13A-9-91(C) USES

Illegal Possession of Food Stamps in the Second Degree

(Uses)

The defendant is charged with illegal possession of food stamps in the second

degree.

A person commits the crime of illegal possession of food stamps in the second

degree if he/she knowingly uses, transfers, acquires, alters, or possesses food stamp

coupons or food stamp authorization cards in any manner not authorized by the Food

Stamp Act of 1977 or the regulations issued pursuant to the a ct, and the food stamps

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

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

elements:

(1) The defendant used, transferred, acquired, altered, or possessed food

stamp cou pons or food stamp authorization cards in a manner not

authorized by the Food Stamp Act of 1977 or the regulations issued

pursuant to the act;

(2) The food stamps exceeded $500 in value but did not exceed $2500 in value;

(AND)

(3) The Defendant did so knowingly.

Food stamp coupon is any coupon, stamp or type of certificate issued pursuant to

the provisions of the Food Stamp Act of 1977. [13A-9-90(1)]

Food stamp authorization card is a document issued by the state agency to an

eligible household which shows the total value of coupons the household is authorized to

receive during each month pursuant to the provisions of the Food Stamp Act of 1977.

[13A-9-90(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 illegal possession of food stamps in the second degree, then you

shall find the defendant guilty of illegal possession of food stamps in the second degree.

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

or more of the elements of illegal possession of food stamps in the second degree, then

you cannot find the defendant guilty of illegal possession of food stamps in the second

degree.

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

offenses at this point.]