Ala. Pattern Jury Instr. (Criminal) 13A-6-96

ELECTRONIC STALKING SECOND DEGREE

The defendant is charged with electronic stalking in the second degree.

A person commits the crime of electronic stalking in the second degree

if he/she, without the consent of the owner or except as otherwise authorized

by law, places any electronic tracking device on the property of another

person.

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

the following elements:

(1) The defendant placed any electronic tracking device on the property of

another person, [Insert Name of Victim];

(2) Without the consent of the owner or except as otherwise authorized

by law;

(AND)

(3) The defendant acted [Insert Appropriate Mens Rea Element –

See Use Notes].

An electronic tracking device is any electronic or mechanical device

that permits the tracking of the movement of a person or object. [13A-6-92(3)]

An owner is an individual, other than the defendant, who has

possession of or any other interest in the property involved and without whose

consent the defendant has no authority to exert control over the property.

[13A-6-92(5)]

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

reasonable doubt each of the elements of electronic stalking in the second

degree, then you shall find the defendant guilty of electronic stalking in the

second degree.

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

any one or more of the elements of electronic stalking in the second degree,

then you cannot find the defendant guilty of electronic stalking in the second

degree.

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

offenses at this point.]