Ala. Pattern Jury Instr. (Criminal) 13A-10-193.1(A)(3)

Unlawful Manufacture of Destructive Device or Bacteriological or Biological

Weapon in the Second Degree

(Combines components with Intent to form destructive device

or bacteriological or biological weapon)

The defendant is charged with unlawful manufacture of a destructive device or

bacteriological or biological weapon in the second degree.

A person commits the crime of unlawful manufacture of a destructive device or

bacteriological or biological weapon in the second degree if he/she combines two or more

components with the intent to assemble, construct, or otherwise cause to be formed, a

destructive device, incendiary device, over-pressure device, detonator, poison gas, or

bacteriological or biological weapon.

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

elements:

(1) The Defendant combined two or more components; [AND]

(2) The Defendant did so with the intent to assemble, construct, or otherwise cause

to be formed, a [Read as appropriate]:

(a) Destructive device;

(b) Incendiary device;

(c) Over-pressure device;

(d) Detonator(e) Poison gas;

(f) Bacteriological weapon; [OR]

(g) Biological weapon.

[insert description of item];

[Read as appropriate]

A destructive device is: [Read as appropriate]:

(a) An explosive, incendiary, or over-pressure device or poison gas which has

been configured as a bomb; a grenade; a rocket with a propellant charge of

more than four ounces; a missile having an explosive or incendiary charge of

more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any

other device which is substantially similar to these devices;

(b) Any type of weapon by whatever name known which will or may be readily

converted to expel a projectile by the action of an explosive or other propellant,

through a barrel which has a bore diameter of more than one-half inch in

diameter. The term shall not include a pistol, rifle, or shotgun suitable for

sporting or personal safety purposes or ammunition; a device which, although

originally designed for use as a weapon, is redesigned for use as a signaling,

pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance

sold, loaned, or given by authority of the appropriate official of the United States

Department of Defense;

(c) A weapon of mass destruction;

(d) A bacteriological weapon or biological weapon; [OR]

(e) A combination of parts either designed or intended for use in converting any

device into a destructive device;

[13A-10-190(3)(a)-(e)].

A bacteriological weapon or biological weapon is a device which is designed in a

manner to permit the intentional release onto any person, into the population or

environment of microbial, or other biological agents or toxins or viral agents whatever

their origin or method of production in a manner not otherwise authorized by law or any

device the development, production, or stockpiling of which is prohibited pursuant to the

"Convention on the Prohibition of the Development, Production, and Stockpiling of

Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,

TIAS 8063. The microbial or biological agents or viral agents shall include, but not be

limited to, any of the following: Anthrax or any variation thereof, smallpox or any variation

thereof. [13A-10-190(1)]

[Read as appropriate]

An over-pressure device is a frangible container filled with an explosive gas or

expanding gas which is designed or constructed so as to cause the container to break or

fracture in a manner which is capable of causing death, bodily harm, or property damage.

[13A-10-190(13)]

An explosive is a chemical compound or other substance or mechanical system

intended for the purpose of producing an explosion capable of causing injury to persons

or damage to property or containing oxidizing and combustible units or other ingredients

in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator

may produce an explosion capable of causing injury to persons or damage to property.

The term explosive shall not include common fireworks, model rockets, and model rocket

engines designed, sold, and used for the purpose of propelling recoverable aero models,

or toy pistol paper caps in which the explosive content does not average more than 0.25

grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns,

or other devices using paper caps unless the devices are used as a component of a

destructive device. [13A-10-190(7)]

The following materials are explosives: [Read as appropriate from the list in

13A-10-191] [13A-10-191] [See also 13A-10-192]

A detonator is a device containing a detonating charge that is used to initiate

detonation in an explosive, including, but not limited to, electric blasting caps, blasting

caps for use with safety fuses, and detonating cord delay connectors. [13A-10-190(4)]

Poison gas is a toxic chemical or its precursors that through its chemical action or

properties on life processes causes death or permanent injury to human beings. The term

poison gas shall not include any of the following:

a. Riot control agents, smoke, and obscuration materials or medical products

which are manufactured, possessed, transported, or used in accordance with

the laws of the United States and of this state;

b. Tear gas devices designed to be carried on or about the person which contain

not more than one-half ounce of the chemical;

c. Pesticides manufactured, stored, transported, distributed, possessed, or used

in accordance with Chapter 7 of Title 2, the Federal Insecticide, Fungicide, and

Rodenticide Act, 61 Stat. 163, as amended, and the Federal Environmental

Pesticide Control Act of 1972, Pub. L. 92-516, as amended. [13A-10-209(2)]

[13A-10-190(14)]

The State Fire Marshal is the person appointed by the Commissioner of Insurance

pursuant to Section 27-2-10 of the Code of Alabama. [13A-10-190(17)]

An incendiary is a flammable or combustible liquid or compound with a flash point

of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup

device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these

substances. [13A-10-190(11)]

Weapons of Mass Destruction include any of the following:

[Read as appropriate]

a. Any destructive device;

b. Any weapon that is designed or intended to cause death or serious bodily injury

through the release, dissemination, or impact of toxic or poisonous chemicals,

or their precursors;

c. Any weapon involving a disease organism;

d. Any weapon that is designed to release radiation or radioactivity at a level

dangerous to human life; [OR]

e. Any device, weapon, or vehicle designed to cause mass casualties.

[13A-10-190(18)]

Property is real or personal property of any kind including money, choses in action,

and other similar interests in property. [13A-10-190(15)]

[Read as appropriate] The manufacture, possession, or transfer of a destructive

device legally obtained in accordance with the provisions of the National Firearms Act is

not prohibited. [13A-10-190(3)(f)]

[Read as appropriate]

This law shall not apply to any of the following:

[Read as appropriate]

(1) A person authorized to manufacture, possess, transport, distribute, or use a

destructive device or detonator pursuant to the laws of the United States, as

amended, or when the person is acting in accordance with the laws and any

regulations issued pursuant thereto;

(2) A person licensed as a blaster by the State Fire Marshal, when the blaster is

acting in accordance with the laws of the state and any regulations promulgated

thereunder and any ordinances and regulations of the political subdivision or

authority of the state where blasting operations are being performed;

(3) Fireworks and any person authorized by the laws of this state and of the United

States to manufacture, possess, distribute, transport, store, exhibit, display, or

use fireworks when acting in accordance with the laws and any regulations

promulgated thereunder;

(4) A law enforcement, fire service, or emergency management agency of this

state, any agency or authority of a political subdivision of this state, or the

United States and any employee or authorized agent thereof while in the

performance of official duties and any law enforcement officer, fire official, or

emergency management official of the United States or any other state while

attending training in this state;

(5) The Armed Forces of the United States or of this state;

(6) Research or educational programs conducted by or on behalf of a college,

university, or secondary school which have been authorized by the chief

executive officer of the educational institution or his or her designee and which

are conducted in accordance with the laws of the United States and of this

state;

(7) The use of explosive materials in medicines and medicinal agents in forms

prescribed by the most recent published edition of the official United States

Pharmacopoeia or the National Formulary;

(8) Small arms ammunition and reloading components thereof;

(9) Commercially manufactured black powder in quantities not to exceed 50

pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow

matches, and friction primers which is or are intended to be used solely for

sporting, recreational, or cultural purposes in black powder firearms or antique

firearms or antique devices; [OR]

(10) An explosive which is lawfully possessed in accordance with the rules adopted

by the Alabama State Law Enforcement Agency, after consultation with the

State Fire Marshal or the Commissioner of Agriculture and Industries or his or

her designee, providing for any explosive or quantity of explosive to be used in

legitimate agricultural activities. [13A-10-206]

[13A-10-205]

[Read as appropriate] This law shall not apply to any of the following:

[Read as appropriate]

(1) Fertilizers, propellant activated devices, or propellant activated industrial tools

manufactured, imported, distributed, or used for their lawfully intended

purposes; [OR]

(2) A pesticide which is manufactured, stored, transported, distributed, possessed,

or used in accordance with Chapter 7 of Title 2, the Federal Insecticide,

Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the Federal

Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.

[13A-10-209]

[Read as appropriate]: It is a defense if the defendant is authorized by state or

federal law or a permit issued to him/her by the State Fire Marshal. [13A-10-193.1(a)]

[Read as appropriate]: The fact that a destructive device, over-pressure device,

explosive, detonator, poison gas, or bacteriological or biological weapon does not function

as designed or intended, is not a defense to the crime of unlawful manufacture of a

destructive device or bacteriological or biological weapon in the second degree. [13A-10-

193.1(b)]

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)]

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

each of the above elements of unlawful manufacture of a destructive device or

bacteriological or biological weapon in the second degree, then you shall find the

defendant guilty of unlawful manufacture of a destructive device or bacteriological or

biological weapon in the second degree.

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

offense of unlawful manufacture of a destructive device or bacteriological or biological

weapon in the second degree, then you cannot find the defendant guilty of unlawful

manufacture of a destructive device or bacteriological or biological weapon in the second

degree.

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

offenses at this point.]

[Approved 05/09/19]