Ala. Pattern Jury Instr. (Criminal) 15-20A-30(C)

Failing to Notify Law Enforcement When New Residence

(Juvenile)

The defendant is charged with failing to notify law enforcement when residence is

transferred or terminated or a change in custody results in a transfer of residence.

A person commits the crime of failing to notify law enforcement when residence is

transferred or terminated or a change in custody results in a transfer of residence if he/she

is the parent, custodian, or guardian of a juvenile sex offender; that parent, custodian, or

guardian transfers or terminates the residence of the juvenile sex offender, or the custody

of the juvenile sex offender is changed to a different parent , custodian, or guardian

resulting in a transfer of residence; and the original parent, custodian, or guardian with

custody fails to immediately notify local law enforcement in each county of residence.

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

elements:

(1) The defendant was a parent, custodian, or guardian of a juvenile sex

offender;

(2) The defendant transferred or terminated the residence of the juvenile sex

offender, or the custody of the juvenile sex offend er was changed to a

different parent, custodian, or guardian resulting in a transfer of residence;

(3) The defendant failed to immediately notify local law enforcement in each

county of residence; (AND)

(4) The defendant did so knowingly.

A juvenile sex offender is an individual who has not attained the age of 18 at the

time of the offense and who is adjudicated delinquent of a sex offense. [15-20A-4(12)]

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

15-20A-5].

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 o f 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)]

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

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 des cribed

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.