Ala. Pattern Jury Instr. (Criminal) 13A-6-30

CHEMICAL ENDANGERMENT OF A FIRST RESPONDER

The defendant is charged with chemical endangerment of a first responder.

A person commits the crime of chemical endangerment of a first

responder if he/ she knowingly, recklessly, or intentionally causes or permits a

first responder or a coroner or deputy coroner, to be exposed to, to ingest or

inhale, or to have contact with a Schedule I controlled substance, or chemical

substance, or a mixture or combination thereof while performing his/her duties

and the endangerment results in the death of the first responder or causes

serious physical injury or physical injury.

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

the following elements:

1. The defendant caused or permitted a first responder, coroner,

or deputy coroner to be exposed to, to ingest or inhale, or to

have contact with a: [Read as appropriate]:

(a) Schedule I controlled substance;

(b) Chemical substance; (OR)

(c) Mixture or combination of a schedule I controlled

substance and a chemical substance;

2. The first responder, coroner or deputy coroner was

performing his/her duties at the time;

3. The endangerment:

[Read as appropriate]:

(a) Resulted in the death of the person;

(b) Caused serious physical injury to the person; (OR)

(c) Caused physical injury to the person;

(AND)

4. The defendant did so knowingly, recklessly, or intentionally.

A first responder is an individual who rapidly receives and responds to

emergency situations to protect life and property. The term includes law

enforcement officers, fire fighters, rescue squads, emergency medical service

providers, public safety telecommunicators, and any other emergency

management providers responding to an emergency situation. [11- 98-

1(a)(12)]

A public safety telecommunicator is a person employed by a public

safety answering point or emergency service provider as a public safety

dispatcher or 911 operator whose duties and responsibilities include both of

the following:

a. Answering, receiving, transferring, and dispatching functions

related to 911 calls and texts.

b. Dispatching first responders to the scene of an

emergency. [11-98-1(a)(17)]

A coroner is an elected or appointed official who determines, with the

assistance of other forensic scientists and investigators, the cause, manner,

and circumstances surrounding death. [22-19-161(4)]

[Read as appropriate]: [Insert Name of Schedule I Controlled

Substance if enumerated in 20-2-23] is a controlled substance.

[Read as appropriate]: A chemical substance is a substance intended

to be used as a precursor in the manufacture of a controlled substance, or

any other chemical intended to be used in the manufacture of a controlled

substance. Intent under this subdivision may be demonstrated by the

substance’s use, quantity, manner of storage, or proximity to other

precursors, or to manufacturing equipment. [26-15-2]

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)]

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

is discharged by gunpowder. [13A-8-1]

[Read as appropriate] : Serious physical injury includes ingestion,

inhalation, or contact with fentanyl, any mixture containing fentanyl, any

synthetic controlled substance fentanyl, and any synthetic controlled

substance fentanyl analogue. [13A-6-30(b)]

Physical injury is impairment of physical condition or substantial

pain. [13A-1-2(12)]

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

reasonable doubt each of the above elements of chemical endangerment of a

first responder, then you shall find the defendant guilty of chemical

endangerment of a first responder.

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

elements of chemical endangerment of a first responder, then you cannot find

the defendant guilty of chemical endangerment of a first responder.

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

offenses at this point.]