Ala. Pattern Jury Instr. (Criminal) 13A-6-24_07012022AND09302026

Ala. Code §13A-6-24*

RECKLESS ENDANGERMENT

*[These instructions apply only to offenses committed

between 07/01/2022 and 09/30/26]

The defendant is charged with reckless endangerment.

A person commits the crime of reckless endangerment if he/she recklessly

engages in conduct which creates a substantial risk of serious physical injury to another

person.

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

following elements:

(1) The defendant engaged in conduct, [describe] , which created a substantial risk

of serious physical injury to another person, [name]; [AND]

(2) The defendant did so recklessly.

A person, when referring to the victim, means a human being, including an

unborn child in utero at any stage of development, regardless of viability. [13A-6-1(a)(3)]

Serious physical injury is a physical injury which creates a substantial risk of

death, or which causes serious and protracted disfigurement, protracted impairment of

health, or protracted loss or impairment of the function of any bodily organ; or a

penetrating gunshot wound inflicted by a firearm. [13A-1-2(14)]

Physical injury is impairment of physical condition or substantial pain.

[13A-1-2(12)]

[Read As Appropriate] A firearm is a weapon from which a shot is discharged

by gunpowder. [13A-8-1]

A person acts recklessly in regards to his/her conduct if:

(1) The actor is aware that there is a substantial and unjustifiable risk that death will

occur;

(2) The risk of death is so great that the actor’s failure to recognize this risk is a

gross deviation from the standard of behavior to which a reasonable person

would hold himself/herself in the same situation; [AND]

(3) The actor consciously disregards this substantial and unjustifiable risk.

[13A-2-2(3)]

[Read all appropriate - Intoxication]: A person who creates a risk, but is unaware

that he/she has created that risk solely because of voluntary intoxication, acts recklessly

with regards to that risk. Intoxication includes a disturbance of mental or physical

capacities resulting from the introduction of any substance into the body. Voluntary

intoxication means intoxication caused by substances that the actor knowingly

introduced into his/her body, the tendency of which to cause intoxication he/she knows

or ought to know, unless he/she introduces them under circumstances that would afford

a defense to the charge. Intoxication in itself does not constitute mental disease or

defect. Intoxication is generally not a defense. However, involuntary intoxication is a

defense if as a result the actor lacks capacity either to appreciate the criminality of his/

her conduct or to conform his/her conduct to the requirements of law. Intoxication,

whether voluntary or involuntary, is admissible in evidence whenever it is relevant to

negate an element of the offense charged. When recklessness establishes an element

of an offense and the actor is unaware of a risk because of voluntary intoxication, his/

her unawareness is immaterial in a prosecution for that offense. [13A-3-2] .

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

doubt each of the elements of reckless endangerment, then you shall find the defendant

guilty of reckless endangerment.

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

or more of the elements of reckless endangerment, then you cannot find the defendant

guilty of reckless endangerment.

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

at this point.]