Ala. Pattern Jury Instr. (Criminal) 15-20A-11(A)

Establishing Residence near School or Child Care Facility

(Adult)

The defendant is charged with establishing a residence, maintaining a residence

after release or conviction, or establishing any other living accommodation near a school

or childcare facility, or residential camp facility as an adult sex offender.

A person commits the crime of establishing a residence, maintaining a residence

after release or conviction, or establishing any other living accommodation near a school

or childcare facility, or residential camp facility as an adult sex offender if he/she is an

adult sex offender and establishes a residence, maintains a residence after release or

conviction, or establishes any other living accommodation within 2000 feet of the property

on which any school or childcare facility, or residential camp facility is located.

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 established a residence, maintained a residence after

release or conviction, or established any other living accommodation within

2000 feet of the property on which any school or childcare facility, or

residential camp facility was located; (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 Uni ted 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 min imum 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)]

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 a ny 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)]

Release means release from a state prison, county jail, municipal jail, mental

health facility, release or discharge from the custody of the Department of Youth Services

or other juvenile detention, or placement on an appeal bond, probation, parole, or

aftercare, placement into any facility or treatment program that allows the sex offender to

have unsupervised access to the public, or release from any other facility, custodial or

noncustodial, where the sex offender is sentenced or made a ward of that facility by a

circuit, district, or juvenile judge. [15-20A-4(18)]

The 2,000 foot measurement shall be taken in a straight line from the nearest

property line to the nearest property line. [15-20A-11(g)]

A school is a licensed or accredited public, private, or church school that offers

instruction in grades K -12. The definition does not include a private residence in which

students are taught by parents or tutors or any facility dedicated exclusively to the

education of adults unless that facility has a childcare facility. [15-20A-4(23)]

A childcare facility is a licensed child daycare center, a licensed childcare facility,

or any other childcare service that is exempt from licensing pursuant to Section 38 -7-3,

provided that the licensed child daycare center, licensed childcare facility, or any other

childcare service and location are public record or have been provided to local law

enforcement. [15-20A-4(3)]

A resident camp facility includes any place, area, parcel, or tract of land which

contains permanent or semi -permanent facilities for sleeping owned by a business,

church, or nonprofit organization used primarily for the educational, recreational, or

religious purposes for minors and the location of the resident camp has been provided to

local law enforcement. Resident camp does not include a private residence, farm,

hunting, or fishing camp. [15-20A-11(a)]

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.