Ala. Pattern Jury Instr. (Criminal) 15-20A-10(B)

Failing to Register New Residence, Employment, or School

(Adult)

The defendant is charged with failing to register his/her new residence,

employment, or school as an adult sex offender.

A person commits the crime of failing to register his/her new residence,

employment, or school as an adult sex offender if he/she is an adult sex offender and

immediately upon establishing a new residence, accepting employment, or beginning

school attendance, he/she fails to appear in person to register with local law

enforcement in each county in which he/she establishes a residence, accepts

employment, or begins school attendance.

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

following elements:

(1) The defendant was an adult sex offender;

(2) The defendant failed to appear in person immediately upon establishing a

new residence, accepting employment, or beginning school attendance to

register with local law enforcement in each county in which he/she

establishes a residence, accepts employment, or begins school

attendance; (AND)

(3) The defendant did so knowingly.

An adult sex offender is a person convicted of a sex offense. [15-20A-4(1)]

A sex offense includes any of the following offenses: [Insert all appropriate

from 15-20A-5].

A conviction is a verdict or finding of guilt as the result of a trial, a plea of guilty, a

plea of nolo contendere, or an Alford plea regardless of whether adjudication was

withheld. Conviction includes, but is not limited to, a conviction in a United States

territory, a conviction in a federal or military tribunal, including a court martial conducted

by the Armed Forces of the United States, a conviction for an offense committed on an

Indian reservation or other federal property, a conviction in any state of the United

States or a conviction in a foreign country if the foreign country's judicial system is such

that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B)

of Public Law 109-248. Cases on appeal are deemed convictions until reversed or

overturned. [15-20A-4(4)]

Immediately is within three business days. [15-20A-4(10)]

A residence is each fixed residence or other place where a person resides,

sleeps, or habitually lives or will reside, sleep, or habitually live. If a person does not

reside, sleep, or habitually live in a fixed residence, residence means a description of

the locations where the person is stationed regularly, day or night, including any mobile

or transitory living quarters or locations that have no specific mailing or street address.

Residence shall be construed to refer to the places where a person resides, sleeps,

habitually lives, or is stationed with regularity, regardless of whether the person declares

or characterizes such place as a residence. [15-20A-4(20)]

A fixed residence is a building or structure, having a physical address or street

number, that adequately provides shelter at which a person resides. [15-20A-4(6)]

Habitually lives is where a person lives with some regularity on an intermittent or

temporary basis. [15-20A-4(7)]

Employment is full-time, part-time, self-employment, or employment as an

independent contractor or day laborer for any period, whether financially compensated,

volunteered, or for the purpose of government or educational benefit. [15-20A-4(5)]

A school includes an educational institution, public or private, including a

secondary school, a trade or professional school, or an institution of higher education.

[15-20A-10(h)]

Local law enforcement is the sheriff of the county and the chief of police if the

location subject to registration is within the corporate limits of any municipality. [15-20A-

4(13)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense 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, then you shall find the defendant guilty of this

offense.

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

or more of the elements of the offense, then you cannot find the defendant guilty of this

offense.