Ala. Pattern Jury Instr. (Criminal) 13A-6-90

Stalking First Degree

The defendant is charged with stalking in the first degree.

A person commits the crime of stalking in the first degree if he/she intentionally

and repeatedly follows or harasses another person and makes a threat, either expressed

or implied, with the intent to place that person in reasonable fear of death or serious bodily

harm.

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

elements:

(1) The defendant repeatedly followed or harassed another person, [Insert

victim’s name];

(2) The defendant made a threat, either expressed or implied;

(3) The defendant did so with the intent to place that person in reasonable fear

of death or serious bodily harm; (AND)

(4) The defendant acted intentionally.

To harass is to engage in an intentional course of conduct directed at a specified

person which alarms or annoys that person, or interferes with the freedom of movement

of that person, and which serves no legitimate purpose. The course of conduct must be

such as wou ld cause a reasonable person to suffer substantial emotional distress, and

must actually cause substantial emotional distress. [13A-6-92(c)]

A course of conduct is a pattern of conduct composed of a series of acts over a

period of time which evidences a continuity of purpose. [13A-6-92(a)]

A threat is any word or action, expressed or implied, made with the intent to cause

a person who is the target of the threat to fear for his/her safety or for the safety of a family

member and to cause reasonable mental anxiety, anguish or fear. [13A-6-92(b)]

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)]

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

each of the above elements of stalking in the first degree, then you shall find the defendant

guilty of stalking in the first degree.

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

offense of stalking in the first degree, then you cannot find the defendant guilty of stalking

in the first degree.

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

offenses at this point.]