Ala. Pattern Jury Instr. (Criminal) 13A-10-15(A)(1) PRIOR TO 7-1-2018

Making a Terrorist Threat

(Intentionally or Recklessly)

(*This instruction applies only to offenses committed prior to July 1, 2018.)

The defendant is charged with making a terrorist threat.

A person commits the crime of making a terrorist threat when he/she threatens by

any means to commit any crime of violence or to damage any property by intentionally or

recklessly: [Read all appropriate]:

(1) Terrorizing another person;

(2) Causing the disruption of school activities; (OR)

(3) Causing the evacuation of a building, place of assembly, or facility of public

transportation, or other serious public inconvenience.

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

elements:

(1) The Defendant threatened to commit a crime of violence, [insert crime] or

to damage property, [insert property];

(2) The Defendant did so by: [Read all appropriate]:

(a) Terrorizing another person;

(b) Causing the disruption of school activities; (OR)

(c) Causing the evacuation of a building, place of assembly, or facility of

public transportation, or other serious public inconvenience; (AND)

(3) The Defendant did so intentionally or recklessly.

Property is any real or personal property, including books, records, and

documents. [13A-10-1(6)]

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 recklessly with respect to a result or to a circumstance when he/she

is aware of and consciously disregards a substantial and unjustifiable risk that the risk will

occur or that the circumsta nce exists. The risk must be of such nature and degree that

disregard thereof constitutes a gross deviation from the standard of conduct that a

reasonable person would observe in the situation. [13A-2-2(3)]

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

each of the above elements of making a terrorist threat, then you shall find the defendant

guilty of making a terrorist threat.

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

making a terrorist threat, then you cannot find the defendant guilty of making a terrorist

threat.

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

offenses at this point.]