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

Altering Electronic Monitoring Device

(Adult)

The defendant is charged with altering an electronic monitoring device.

A person commits the crime of altering an electronic monitoring device if he/she

alters, disables, deactivates, tampers with, removes, damages, or destroys a device used

to facilitate electronic monitoring of a person charged or convicted of a sex offense or

designated as a sexually violent predator.

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

elements:

(1) The defendant altered, disabled, deactivated, tampered with, removed,

damaged, or destroyed a device used to facilitate electronic monitoring of a

person charged or convicted of a sex offense or designated as a sexually

violent predator; (AND)

(2) The defendant did so knowingly.

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 adjudic ation 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 off ense 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 g uidelines 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 sex offense includes any of the following offenses: [Insert all appropriate from

15-20A-5].

A sexually violent predator is a person who has been convicted of a sexually violent

offense and who is likely to engage in one or more future sexually violent offenses or is

likely to engage in future predatory sex offenses [15 -20A-4(28)] or a sex offender

determined to be a sexually violent predator in any other state. [15-20A-19(g)].

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 be yond a reasonable doubt any one

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

offense.