Ala. Pattern Jury Instr. (Criminal) 15-23-20 (REFUSING)

Refusing to Deliver Commission Record

The defendant is charged with refusing to deliver a commission record.

A person commits the crime of refusing to deliver a commission record if he/she is

a member, agent or employee of the Alabama Crime Victims Compensation Commission

and he/she possesses a record of the commission and refuses to deliver up such record

upon proper request of a person lawfully entitled to receive the same.

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

elements:

(1) The defendant was a member, agent or employee of the Alabama Crime

Victim’s Compensation Commission;

(2) The defendant possessed a record of the commission, [insert name or

description of record];

(3) The defendant refused to deliver up such record upon proper request of a

person lawfully entitled to receive the same; (AND)

(4) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of refusing to deliver a commission record, then you shall

find the defendant guilty of refusing to deliver a commission record.

If you find that the State has failed to prove any one or more of the elements of the

offense of refusing to deliver a commission record, then you cannot find the defendant

guilty of refusing to deliver a commission record.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]