AL · jury_instructions
Ala. Pattern Jury Instr. (Criminal) 13A-11-61.1 (UNOCCUPIED)
Discharging Firearm into Unoccupied School Bus or School Building
Discharging Firearm into Unoccupied School Bus or School Building
The defendant is charged with discharging a firearm into an unoccupied school
bus or school building.
A person commits the crime of discharging a firearm into an unoccupied school
bus or school building if he/she shoots or discharges a firearm into an unoccupied school
bus or school building.
To convict, the State must prove beyond a reasonable doubt each of the following
elements:
(1) The defendant shot a firearm into an unoccupied [Read as appropriate]:
school bus or school building, [describe place]; (AND)
(2) The Defendant acted [insert appropriate mens rea element - See Use
Notes].
A firearm is a weapon from which a shot is discharged by gunpowder. [13A-8-1(5)]
If you find from the evidence that the State has proved beyond a reasonable doubt
each of the above elements of discharging a firearm into an unoccupied school bus or
school building, then you shall find the defendant guilty of discharging a firearm into an
unoccupied school bus or school building.
If you find that the State has failed to prove any one or more of the elements of
discharging a firearm into an unoccupied school bus or s chool building, then you cannot
find the defendant guilty of discharging a firearm into an unoccupied school bus or school
building.
[If lesser-included offenses are included, the Court should instruct on those
offenses at this point.]
History
[Approved 04-15-16.]
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
4342c48ee1f7ed22f599b62a4d4b7771652457529ab06e484880a543418abfcf
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