Ala. Pattern Jury Instr. (Criminal) 15-20A-14(A)

Failing to Register upon Entering State to Establish Residence

(Adult)

The defendant is charged with failing to register all required information as an adult

sex offender who enters the state to establish a residence.

A person commits the crime of failing to register all required information as an adult

sex offender who declares he/she is entering the state to establish a residence or who

enters the state to establish a residence if he/she is an adult sex offender who declares

he/she is entering the state to establish a residence or enters the state to establish a

residence and fails to immediately appear in person and register all required registration

information with local law enforcement in the county where he/she intends to establish or

establishes a residence.

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 declared he/she was enterin g the state to establish a

residence or entered this state to establish a residence;

(3) The defendant failed to immediately appear in person and register required

registration information with local law enforcement in the county where

he/she intended to establish or established a residence:

[Read all appropriate]:

a. Name, including any aliases, nicknames, ethnic, or tribal names;

b. Date of birth;

c. Social Security number;

d. Address of each residence;

e. Name and address of any school he/she attends or will attend;

f. Name and address of any employer where he/she works or will work,

including any transient or day laborer information;

g. The license plate number, registration number or identifier,

description, and permanent or frequent location where all vehicles

are kept for any vehicle used for work or personal use, including land

vehicles, aircraft, and watercraft;

h. Any telephone number used, including land line and cell phone

numbers;

i. Any email addresses or instant message address or identifiers used,

including any designations or monikers used for self-identification in

Internet communications or postings;

j. A current photograph;

k. A physical description including physical appearance, physical

characteristics, and identifying marks such as scars and tattoos;

l. Fingerprints and palm prints;

m. A DNA sample;

n. A photocopy of the valid driver license or identification card;

o. A photocopy of any and all passport and immigration documents;

p. Any professional licensing information that authorizes him/her to

engage in an occupation or carry out a trade or business;

q. A full criminal history, including dates of all arrests and convictions,

status of parole, probation, or supervised release, registration status,

and outstanding arrest warrants;

r. A list of any and all Internet service providers used by the sex

offender; (OR)

s. Any other information deemed necessary by the Secretary of the

Alabama State Law Enforcement Agency; (AND)

(4) 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 Unit ed 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 re versed 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 residen ce, 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 p hysical 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)]

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

Required registration information is any information required pursuant to 15 -20A-

7. [15-20A-4(19)]

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

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

4(13)]

[Read as appropriate] : 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-7(a)(5)]

[Read as appropriate] : 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 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 ele ments of the offense, then you cannot find the defendant guilty of this

offense.