Ala. Pattern Jury Instr. (Criminal) 13A-11-35

Divulging Illegally-Obtained Information

The defendant is charged with divulging illegally-obtained information.

A person commits the crime of divulging illegally -obtained information if he/she

knowingly or recklessly uses or divulges information obtained through criminal

eavesdropping or criminal surveillance.

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

elements:

(1) The defendant used or divulged information obtained through criminal

eavesdropping or criminal surveillance, [describe information]; (AND)

(2) The defendant did so knowingly or recklessly.

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

communication of others without the consent of at lea st one of the persons engaged in

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

Surveillance is the secret observation of the activities of another person for the

purpose of spying upon and invading the privacy of the person observed. [13A–11–30(3)]

[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 recklessly when he/she is aware of and consciously disregards a

substantial and unjustifiable risk that [insert result] will occur (or exists). [13A-2-2(3)]

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

each of the above elements of divulging illegally-obtained information, then you shall find

the defendant guilty of divulging illegally-obtained information.

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

divulging ille gally-obtained information, then you cannot find the defendant guilty of

divulging illegally-obtained information.

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

offenses at this point.]