Ala. Pattern Jury Instr. (Criminal) 15-20A-18(B)

Failing to Obtain Identification upon Registration

(Adult)

The defendant is charged with failing to obtain a valid driver license or identification

card within 14 days of registration as an adult sex offender.

A person commits the crime of failing to obtain a valid driver license or identification

card bearing a designation that enables law enforcement officers to identify the licensee

as a sex offender within 14 days of registration as an adult sex of fender if he/she is an

adult sex offender and fails to obtain a valid driver license or identification card bearing a

designation that enables law enforcement officers to identify the licensee as a sex

offender within 14 days of his/her initial registratio n following release, initial registration

upon entering the state to become a resident, or immediately following his/her next

registration after July 1, 2011.

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 obtain a valid driver license or identification card

bearing a designation that enables law enforcement officers to identify the

licensee as a sex offender within 14 days of his/her init ial registration

following release, initial registration upon entering the state to become a

resident, or immediately following his/her next registration after July 1, 2011;

(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 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)]

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)]

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 st ructure, 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)]

A person act s 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.