Ala. Pattern Jury Instr. (Criminal) 13A-6-4

Criminally Negligent Homicide

The defendant is charged with criminally negligent homicide.

A person commits the crime of criminally negligent homicide if he/she causes the

death of another person by criminal negligence.

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

elements:

(1) A person, [insert name of deceased], is dead;

(2) The defendant caused the death of [insert name of deceased] by

[describe the act, such as shooting him/her]; (AND)

(3) In committing the act which caused the death of [insert name of

deceased], the defendant acted with criminal negligence.

[Read as appropriate] (AND)

(4) The defendant was the driver or operator of a vehicle or vessel and was

driving or operating the vehicle or vessel while: [Read all appropriate]:

A. There was 0.08% [Use 0.02% if the defe ndant was under 21, a

school bus driver or day care driver] or more by weight of alcohol

in his/her blood;

B. Under the influence of alcohol;

C. Under the influence of a controlled substance to a degree which

rendered him/her incapable of safely driving;

D. Under the combined influence of alcohol and a controlled substance

to a degree which rendered him/her incapable of safely driving; (OR)

E. Under the influence of any substance which impaired his/her mental

or physical facilities to a degree which rendered him/her incapable of

safely driving

[Read as appropriate] : 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)]

A person acts with criminal negligence with respect to a result or to a circumstance

which is defined by statute as an offense when he/she fails to perceive a substantial and

unjustifiable risk that the result will occur or that the circumstance exists. Th e risk must

be of such nature and degree that the failure to perceive it constitutes a gross deviation

from the standard of care that a reasonable person would observe in the situation.

[Read as appropriate] You may consider statutes or ordinances regulati ng the

defendant's conduct as bearing upon the question of criminal negligence. [13A-2-2(4)]

[Read as appropriate]: To help you decide whether the defendant was criminally

negligent, you may consider the following statutes or ordinances:

[Read all appropriate statutes or ordinances].

[Read as appropriate]: A person is under the influence of alcohol where he/she

has consumed such an amount of alcohol as to affect his/her ability to oper ate a vehicle

in a safe manner. See Rice v. State, 611 So. 2d 1161, 1163 (Ala. Crim. App. 1992).

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

each of the elements of criminally negligent homicide, then you shall find the defendant

guilty of criminally negligent homicide.

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

or more of the elements of criminally negligent homicide, then you cannot find the

defendant guilty of criminally negligent homicide.