Ala. Pattern Jury Instr. (Criminal) 15-23-22(B)

Control by Deception over Money or Securities

The defendant is charged with control by deception over money or securities.

A person commits the crime of control by deception over money or securities if

he/she knowingly obtains by deception any control over any money or securities held on

behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent

to deprive such commission of such money or securities.

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

elements:

(1) The defendant obtained by deception control over money or securities, [insert

a description of the money or securities], held on behalf of or in trust for the

Alabama Crime Victims Compensation Commission;

(2) The defendant did so with intent to deprive such commission of such money or

securities; (AND)

(3) 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 control by deception over money or securities, then you

shall find the defendant guilty of control by deception over money or securities.

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

offense of control by deception over money or securities, then you cannot find the

defendant guilty of control by deception over money or securities.

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

offenses at this point.]