Ala. Pattern Jury Instr. (Criminal) 13A-5-40(A)(12)A

MURDER DURING AIRCRAFT HIJACKING

(To Obtain Valuable Consideration)

The defendant is charged with capital murder. The law states that an

intentional murder committed during an aircraft hijacking is capital murder.

A person commits an intentional murder if he/she causes the death of

another person and , in performing the act or acts that cause the death of that

person, he/she intends to kill that person (or another person).

A person commits an aircraft hijacking if he/she unlawfully assumes control

of any aircraft by use of threats or force with intent to obtain any valuable

consideration for the release of the aircraft or any passenger or crewmen thereon.

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

following elements of an intentional murder during an aircraft hijacking:

(1) That (name of deceased) is dead;

(2) That the defendant (name of defendant) caused the death of (name of

deceased) by (state the alleged act, e.g., shooting) him/her;

(3) That in committing the act(s) that caused the death of (name of

deceased) the defendant intended to kill the deceased or another

person;

(4) That the defendant, through the use of threats or force, unlawfully

assumed control of an aircraft, specifically (describe aircraft);

(5) That the defendant acted with the intent to obtain valuable

consideration in exchange for the release of the aircraft or any

passenger or crewmen thereon; (AND)

(6) That the murder took place during the the aircraft hijacking.

During means in the course of the commission of or in connection with (or

in immediate flight from) the commission of the aircraft hijacking. [13A-5-39(2)]

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)]

A person acts intentionally when it is his/her purpose to cause the death of

another person. The intent to kill must be real and specific.

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

doubt each of the above elements of the offense of intentional murder during an

aircraft hijacking, as charged, then you shall find the defendant guilty of capital

murder.

If you find that the State has failed to prove beyond a reasonable doubt any

one or more of the elements of the offense of intentional murder during an aircraft

hijacking, then you cannot find the defendant guilty of capital murder.

(If lesser-included offenses are included, the court should instruct on

those offenses at this point.)