Ala. Pattern Jury Instr. (Criminal) 13A-8-36(C)

Damage or Destruction of Property

(Danger to Health & Safety)

The Defendant is charged with damage or destruction of property causing imminent

danger to the health and safety of the public.

A person commits the crime of damage or destruction of property causing imminent

danger to the health and safety of the public if h e/she, with the intent to damage

property and having no right to do so or any reasonable ground to believe he/she has a

right to do so, damages or destroys any of the following, and the damage or destruction

causes imminent danger to the health and safety of the public, a metal owner's

employees, first responders, law enforcement officers, or utility workers, or causes an

interruption in communications service s or electric utility services: [Read as

appropriate]

(1) Telecommunications, cable communications , or electric power transmission

pedestal or pole owned or operated by a telecommunications, cable, or

electric power company or cooperative, or electric power supplier, or

railroad;

(2) Telecommunications, cable communications, or electric power groundin g or

any other equipment or materials used in the delivery of electricity, wire,

fiber insulator, power supply transformer, ground wire, or other apparatus,

equipment, or fixture used in the transmission of telecommunications, cable

communications, or elec tric power owned or operated by a

telecommunications, cable, or electric power company, or cooperative, or

electric power supplier, or railroad;

(3) Equipment used in the transmission of wireless communications or related

to wireless communications;

(4) Equipment used at any facility of over the air broadcast companies;

(5) Railroad materials and lading, including, but not limited to, any rail

telecommunications; cable communications; power and signal equipment

and wires; road/rail crossing signals, equ ipment, and wires; metal property

lading being transported by a railroad; and any railroad track and other

operating materials, including switch component, spike, angle bar, tie plate

or bolt of the type used in constructing railroads;

(6) Electric powe r line, gas line, water line, wire or fiber insulators, electric

motors or other apparatus, heating and cooling systems, and environmental

control systems that are connected to farm shops, on -farm grain drying and

storage complexes, animal production facil ities, irrigation systems,

greenhouse facilities, or other agricultural, forestry, or food-related activities,

equipment, structures, systems, or vehicles;

(7) Any electric power line, gas line, water line, wire or fiber insulators, fencing,

gates, secur ity structures, electric motors or other apparatus, metering

instruments, communications antenna, environmental control systems, and

processing plants that are connected to oil, natural gas, coalbed methane,

shale gas, or other petroleum producing properti es, equipment, structures,

systems, or vehicles;

(8) Any metal property from a school, place of worship, or a secondary metals

recycler's premises;

(9) A copper, aluminum, or aluminum -copper condensing or evaporating coil,

including its tubing or rods, from a heating or air conditioning unit, excluding

scrap from window air conditioning units and automobile condenser coils,

unless any one of the following criteria are satisfied:

(a) The condenser coils are being sold by a licensed contractor, HVAC

contractor, plumber, or electrician and a current and valid license with

number is provided at the time of sale and copied or scanned by the

secondary metals recycler at the time of sale; (OR)

(b) The condenser coils are being sold by a person with verifiable

documentation, such as a receipt or work order, indicating that the

condenser coils are the result of a replacement of an air conditioner

unit or condenser coils performed by a licensed contractor;

(10) Utility access covers, manhole covers, or storm drain covers, unless the

seller is a company that deals in the manufacture or sale of the

aforementioned products; (AND/OR)

(11) Grave markers, vases, memorials, statues, plaques, or other bronze objects

used at a cemetery or other location where deceased persons are interred

or memorialized or any other metal historic markers or monuments or the

attached support or post to either, unless the seller is a compan y that deals

in the manufacture or sale of the aforementioned products.

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

elements:

(1) The Defendant damaged or destroyed the following: [Read as appropriate]

(a) Telecommunications, cable communications, or electric power

transmission pedestal or pole owned or operated by a

telecommunications, cable, or electric power company or cooperative,

or electric power supplier, or railroad;

(b) Telecommunications, cable communicati ons, or electric power

grounding or any other equipment or materials used in the delivery of

electricity, wire, fiber insulator, power supply transformer, ground wire,

or other apparatus, equipment, or fixture used in the transmission of

telecommunications, cable communications, or electric power owned

or operated by a telecommunications, cable, or electric power

company, or cooperative, or electric power supplier, or railroad;

(c) Equipment used in the transmission of wireless communications or

related to wireless communications;

(d) Equipment used at any facility of over the air broadcast companies;

(e) Railroad materials and lading, including, but not limited to, any rail

telecommunications; cable communications; power and signal

equipment and wires; road/rail crossing signals, equipment, and wires;

metal property lading being transported by a railroad; and any railroad

track and other operating materi als, including switch component,

spike, angle bar, tie plate or bolt of the type used in constructing

railroads;

(f) Electric power line, gas line, water line, wire or fiber insulators, electric

motors or other apparatus, heating and cooling systems, an d

environmental control systems that are connected to farm shops,

on-farm grain drying and storage complexes, animal production

facilities, irrigation systems, greenhouse facilities, or other agricultural,

forestry, or food -related activities, equipment, s tructures, systems, or

vehicles;

(g) Any electric power line, gas line, water line, wire or fiber insulators,

fencing, gates, security structures, electric motors or other apparatus,

metering instruments, communications antenna, environmental control

systems, and processing plants that are connected to oil, natural gas,

coalbed methane, shale gas, or other petroleum producing properties,

equipment, structures, systems, or vehicles;

(h) Any metal property from a school, place of worship, or a secondary

metals recycler’s premises;

(i) A copper, aluminum, or aluminum -copper condensing or evaporating

coil, including its tubing or rods, from a heating or air conditioning unit,

excluding scrap from window air conditioning units and automobile

condenser coils, unless any one of the following criteria are satisfied:

i. The condenser coils are being sold by a licensed contractor,

HVAC contractor, plumber, or electrician and a current and valid

license with number is provided at the time of sale and copied

or scanned by the secondary metals recycler at the time of sale;

(OR)

ii. The condenser coils are being sold by a person with verifiable

documentation, such as a receipt or work order, indicating that

the condenser coils are the result of a replacement of an air

conditioner unit or condenser coils performed by a licensed

contractor;

(j) Utility access covers, manhole covers, or storm drain covers,

unless the seller is a company that deals in the manufacture or sale

of the aforementioned products; (AND/OR)

(k) Grave markers, vases, memorials, statues, plaques, or other

bronze objects used at a cemetery or other location where

deceased persons are interred or memorialized or any other metal

historic markers or monuments or the attached support or post to

either, unless the seller is a company that deals in the manufacture

or sale of the aforementioned products.

(2) The damage or destruction caused imminent danger to the health and

safety of the public, a metal owner's employees, first responders, law

enforcement o fficers, or utility workers, or caused an interruption in

communications services or electric utility services; (AND)

(3) The Defendant did so with the intent to damage p roperty and having no

right to do so or any reasonable ground to believe he/she had a right to do

so.

[Read as appropriate] A secondary metals recycler is any person, whether

licensed or not licensed, who is engaged, from a fixed location or otherwise, i n the

business of paying compensation for ferrous or nonferrous metals, whether or not

engaged in the business of performing the manufacturing process by which ferrous

metals or nonferrous metals are converted into raw material products consisting of

prepared grades and having an existin g or potential economic value. [Read as

appropriate]: The term does not include a pawnbroker licensed pursuant to Chapter

19A of Title 5, or a licensed automotive dismantler and parts recycler as defined in

Section 40-12-410, unless the entities engage in the business of paying compensation

for ferrous or nonferrous metals. [13A-8-30(9)]

[Read as appropriate] Ferrous metals are metals containing significant quantities

of iron or steel, excluding motor vehicles purchased in accordance with Section

32-8-87. [Read as appropriate: Section 32-8-87]. [13A-8-30(1)]

[Read as appropriate] Nonferrous metals are metals not containing significant

quantities of iron or steel, including, without limitation, copper, brass, aluminum o ther

than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof,

including stainless steel beer kegs. [13A-8-30(4)]

[Read as appropriate] A person is an individual, partnership, corporation, joint

venture, trust, association, or any other legal entity. [13A-8-30(5)]

Imminent danger means the existence of any condition that could hinder or disrupt

the normal operation of equipment, systems, or services provided for the health and

safety of the public, metal owner's employees, firs t responders, law enforcement

officers, or utility workers or cause an interruption in communication services or electric

utility services. [13A-8-36(c)]

[Read as appropriate] A law enforcement officer is a duly constituted and certified

peace officer of the State of Alabama or of any county or municipality within the state.

[13A-8-30(2)]

A person acts intentionally with respect to a result or to conduct when his/her

purpose is to cause that result or engage in that conduct. [13A-2-2(1)]

If you find tha t the State has proved beyond a reasonable doubt each of the

elements of the offense of damage or destruction of property causing imminent danger

to the health and safety of the public, then you shall find the Defendant guilty of

damage or destruction of property.

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

more of the elements of the offense of damage or destruction of property causing

imminent danger to the health and safety of the public, then you cannot find the

defendant guilty of damage or destruction of property causing imminent danger to the

health and safety of the public.

[Approved 3-23-15.]