AL · jury_instructions
Ala. Pattern Jury Instr. (Criminal) 13A-10-38(A)(2)
Promoting Prison Contraband in the Third Degree (Inmate)
Promoting Prison Contraband in the Third Degree
(Inmate)
The defendant is charged with promoting prison contraband in the third degree.
A person commits the crime of promoting prison contraband in the third degree if
he/she is a person confined in a detention facility and he/she intentionally and unlawfully
makes, obtains or possesses any contraband.
To convict, the State must prove beyond a reasonable doubt each of the following
elements:
(1) The Defendant was a person confined in a detention facility, [insert
description];
(2) The Defendant made, obtained or possessed any contraband [insert
description]; (AND)
(3) The Defendant acted intentionally and unlawfully.
A detention facility is any place used for the confinement, pursuant to law, of a
person:
(a) Charged with or convicted of a criminal offense;
(b) Charged with being or adjudicated a youthful offender, or a neglected minor
or juvenile delinquent;
(c) Held for extradition; (OR)
(d) Otherwise confined pursuant to an order of the court. [13A-10-30(b)(2)]
Contraband is any article or thing which a person confined in a detention facility is
legally prohibited from obtaining or possessing by statute, rule, regulation or order. [13A-
10-30(b)(4)]
A person acts intentionally with respect to a resul t 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 promoting prison contraband in the third degree, then you
shall find the defendant guilty of promoting prison contraband in the third degree.
If you find that the State has failed to prove any one or more of the elements of
promoting prison contraband in the third degree, then you cannot find the defendant guilty
of promoting prison contraband in the third degree.
[If lesser-included offenses are included, the Court should instruct on those
offenses at this point.]
[Approved 8-20-15.]
History
[Approved 8-20-15.]
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
4f55e38c6046121b0c17811c58528d775b309d526c6e139002bc60dd032523e9
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