Ala. Pattern Jury Instr. (Criminal) 13A-11-34

Criminal Possession of Eavesdropping Device

The defendant is charged with criminal possession of an eavesdropping device.

A person commits the crime of criminal possession of an eavesdrop ping device if

he/she possesses, manufactures, sends or transports any device designed or commonly

used for eavesdropping, (AND) [Read as appropriate]:

(1) Intends to use that device to eavesdrop; (OR)

(2) Knows that another person intends to use that device to eavesdrop.

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

elements:

(1) The defendant possessed, manufactured, sent or transported a device

designed or commonly used for eavesdropping, [describe device]; (AND)

(2) The defendant [Read as appropriate]:

(A) Intended to use that device to eavesdrop; (OR)

(B) Knew that another person intended to use that device to eavesdrop.

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)]

[Read as appropriate]: A person acts knowingly with respect to conduct or to a

circumstance when he/she is aware that his/her conduct is of that nature or that the

circumstance exists. [13A-2-2(2)] (OR)

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 th at 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 possession of an eavesdropping device, then you

shall find the defendant guilty of criminal possession of an eavesdropping device.

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

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

of criminal possession of an eavesdropping device.

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

offenses at this point.]