Ala. Pattern Jury Instr. (Criminal) 13A-10-52(B)

Eluding or Attempting to Elude Law Enforcement

Officer

The defendant is charged with eluding or attempting to elude a law

enforcement officer.

A person commits the crime of eluding or attempting to elude a law

enforcement officer if he/she, while operating a motor vehicle on a street, road,

alley, or highway in this state, intentionally flees or attempts to elude a law

enforcement officer after having received a signal from the officer to bring the

vehicle to a stop and

[READ AS APPROPRIATE]

if either of the following occur:

a. The flight or attempt to elude causes serious physical injury or

death to any other person; or

b. During the flight or attempt to elude the person exceeds 20 miles per

hour over the legal maximum speed limit;

(OR)

if either of the following occur:

a. The flight or attempt to elude causes the offender to strike or collide

with another vehicle or pedestrian; or

b. The flight or attempt to elude causes physical injury to any other

person; or

c. The flight or attempt to elude results in the offender crossing the

lines of this state into a neighboring state.

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

following elements:

(1) The defendant was operating a motor vehicle on a street, road,

alley, or highway in this state;

(2) The defendant fled or attempted to elude a law enforcement officer

after having received a signal from the officer to bring the vehicle to a stop;

(3) [READ AS APPROPRIATE]

a. The flight or attempt to elude caused serious physical injury or

death to any other person; (OR)

b. During the flight or attempt to elude the defendant exceeded 20 miles

per hour over the legal maximum speed limit;

(OR)

a. The flight or attempt to elude caused the defendant to strike or

collide with another vehicle or pedestrian; (OR)

b. The flight or attempt to elude caused physical injury to any other

person; (OR)

c. The flight or attempt to elude resulted in the defendant crossing the

lines of this state into a neighboring state;

(AND)

(4) The Defendant did so intentionally.

Law Enforcement Officer shall mean any person who has all of the following

qualifications:

(1) He/she has the power to arrest pursuant to the laws of this state;

(2) He/she is certified by the Alabama Peace Officers and Standards

Training Commission;

(3) He/she is acting in his/her official capacity;

(4) He/she is not on strike or involved in a work stoppage; and

(5) He/she is not on duty as a private security officer. [13A-10-51]

[Read as appropriate]: Serious physical injury is physical injury which

creates a substantial risk of death, or which causes serious and protracted

disfigurement, protracted impairment of health, protracted loss or impairment of

the function of any bodily organ, or a penetrating gun shot wound inflicted by a

firearm.

[13A-1-2(14)]

[Read as appropriate]: Physical injury is impairment of physical condition or

substantial pain. [13A-1-2(12)]

[Read as appropriate]: A Firearm is a weapon from which a shot is

discharged by gunpowder. [13A-8-1(5)]

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)]

[Read as appropriate]: It is an affirmative defense to prosecution that the

arrest was unlawful or that the person operating the motor vehicle was aware

of the signal from the law enforcement officer to bring the vehicle to a stop and

the person stopped his/her vehicle within a reasonable time and at a

reasonable location based on the facts and circumstances of the stop. [13A-

10-53]

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

reasonable doubt each of the above elements of eluding or attempting to

elude a law enforcement officer, then you shall find the defendant guilty of

eluding or attempting to elude a law enforcement officer.

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

of eluding or attempting to elude a law enforcement officer, then you cannot

find the defendant guilty of eluding or attempting to elude a law enforcement

officer.

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

those offenses at this point.]