Ala. Pattern Jury Instr. (Criminal) 13A-6-90.1

Stalking Second Degree

The defendant is charged with stalking in the second degree.

A person commits the crime of stalking in the second degree if he/she, acting with

an improper purpose, intentionally and repeatedly follows, harasses, telephones, or

initiates communication, verbally, electronically, or otherwise, with another person, any

member of the other person’s immediate family, or any third party with whom t he other

person is acquainted, and causes material harm to the mental or emotional health of the

other person, or causes such person to reasonably fear that his/her employment,

business, or career is threatened, and the perpetrator was previously informed to cease

that conduct.

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

elements:

(1) The defendant, acting with an improper purpose, repeatedly followed,

harassed, telephoned, or initiated communication, verbally, elect ronically,

or otherwise, with:

(a) Another person [Insert name];

(b) A member of the other person’s immediate family, [Insert name];

(OR)

(c) A third party with whom the other person is acquainted, [INSERT

NAME];

(2) The defendant caused:

(a) Material harm to the mental or emotional health of the other person;

(OR)

(b) Such person to reasonably fear that his/her employment, business,

or career was threatened;

(3) The defendant was previously informed to cease that conduct; (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 purp ose. The course of conduct must be

such as would 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 en gage 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 second degree, then you shall find the

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

stalking in the second degree.

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

offenses at this point.]