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

Illegal Possession of Food Stamps in the Third Degree

(Uses)

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

degree.

A person commits the crime of illegal possession of food stamps in the third 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 act, and the food stamps do not exceed

$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 coupons or food stamp authoriza tion 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 did not exceed $500 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 third degree, then you

shall find the defendant guilty of illegal possession of food stamps in the third 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 third degree, then you

cannot find the defendant guilty of illegal possession of food stamps in the third degree.

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

offenses at this point.]