Ala. Pattern Jury Instr. (Criminal) 13A-11-31

Criminal Eavesdropping

The defendant is charged with criminal eavesdropping.

A person commits the crime of criminal eavesdropping if he/she intentionally uses

any device to eavesdrop, whether or not he/she is present at the time.

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

elements:

(1) The defendant used a device to eavesdrop, [describe device], whether or

not he/she was present at the time; (AND)

(2) The defendant did so intentionally.

Eavesdrop is to overhear, record, amplify or transmit any part of the private

communication of others without the consent of at least one of the persons engaged in

the communication, except as otherwise provided by law. [13A–11–30(1)]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense when hi s/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 criminal eavesdropping, then you shall find the defendant

guilty of criminal eavesdropping.

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

criminal eavesdropping, then you cannot find the defendant guilty of criminal

eavesdropping.

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

offenses at this point.]