Ala. Pattern Jury Instr. (Criminal) 15-23-21(B)

Fails or Omits to Disclose Material Fact

The defendant is charged with failing or omitting to disclose a material fact.

A person commits the crime of failing or omitting to disclose a material fact if he/she

knowingly fails or omits to disclose a material fact or circumstance to the Alabama Crime

Victims Compensation Commission or to any member, agent or employee thereof which

is material to a claim for an award of compensation with the intent to defraud the

commission or with the intent to cause a person to obtain or receive an award of

compensation to which such person is not entitled.

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

elements:

(1) The defendant failed or omitted to disclose a material fact or circumstance,

[insert a description of the fact or circumstance],to the Alabama Crime

Victims Compensation Commission or to any member, agent or employee

thereof;

(2) The fact or circumstance was material to a claim for an award of compensation;

(3) The defendant did so with the intent to: [Read as appropriate]:

(a) Defraud the commission; (OR)

(b) Obtain or receive an award of compensation to which such person was not

entitled to receive the same; (AND)

(4) The defendant did so knowingly.

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense when his/her purpose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when 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 above elements of failing or omitting to disclose a material fact, then you shall

find the defendant guilty of failing or omitting to disclose a material fact.

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

offense of failing or omitting to disclose a material fact, then you cannot find the defendant

guilty of failing or omitting to disclose a material fact.

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

offenses at this point.]