Ala. Pattern Jury Instr. (Criminal) 13A-11-33

Installing Eavesdropping Device

The defendant is charged with installing an eavesdropping device.

A person commits the crime of installing an eavesdropping device if he/she

intentionally installs or places a device in a private place with knowledge it is to be used

for eavesdropping and without permission of the owner and any lessee or tenant or guest

for hire of the private place.

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

elements:

(1) The defendant installed or placed a device, [describe device], in a private

place, [describe];

(2) The defendant did so with knowledge it was to be used for eavesdropping;

(3) The defendant did so without permission of the owner, and any lessee or

tenant or guest for hire of the private place; (AND)

(4) The defendant did so intentionally.

A private place is a place where one may reasonably expect to be safe from casual

or hostile intrusion or surveillance, but such term does not include a place to which the

public or a substantial group of the public has access. [13A–11–30(2)]

Eavesdrop is to ov erhear, 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)]

Installing an eavesdropping device in a private place is prima facie evidence of

knowledge that the device is to be used for eavesdropping. [13A-11-33(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 installing an eavesdropping device, then you shall find the

defendant guilty of installing an eavesdropping device.

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

installing an eavesdropping device, then you cannot find the defendant guilty of installing

an eavesdropping device.

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

offenses at this point.]