AL · jury_instructions
Ala. Pattern Jury Instr. (Criminal) 13A-6-27
Criminal Use of a Defense Spray
Criminal Use of a Defense Spray
The defendant is charged with criminal use of a defense spray.
A person commits the crime of criminal use of a defense spray if he/she uses a
defense spray against another person in the commission of a crime or against a law
enforcement officer while the law enforcement officer is performing his/her official duties.
To convict, the State must prove beyond a reasonable doubt each of the following
elements:
(1) The defendant used a defense spray, [describe], against: [Read all
appropriate]:
(a) Another person, [name], in the commission of a crime, [name]; (OR)
(b) A law enforcement officer, [name], while the law enforcement officer
was performing his/her official duties; (AND)
(2) The defendant acted [insert appropriate mens rea element - See Use
Notes].
A defense spray includes, but is not limited to, pepper spray, foam and any other
self-defense chemical spray. [13A-6-27(a)]
If you find from the evidence that the State has proved beyond a reasonable doubt
each of the above elements of use of a defense spray, then you shall find the defendant
guilty of use of a defense spray.
If you find that the State has failed to prove any one or more of the elements of
use of a defense spray, then you cannot find the defendant guilty of use of a defense
spray.
History
[Approved 10-14-15.]
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
cc953b6e3c35db9fb05df94b70fdca6642dfc5491ec2ec16c80be326e94f74ef
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