Ill. Pattern Jury Instr. (Criminal) 12.04

To sustain the charge of eavesdropping by use or divulgence of information, the State

must prove the following propositions:

First Proposition: That the defendant used or divulged information which was obtained

through use of an eavesdropping device to [(hear) (record)] all or any part of a conversation;

and

Second Proposition: That, when he did so, the defendant knew or reasonably should have

known that the information was obtained through the use of an eavesdropping device without the

consent of all parties to the conversation; and

Third Proposition: That when he did so, the defendant knew or reasonably should have

known that the information was obtained by a person not a party to the conversation; and

Fourth Proposition: That when he did so, the defendant knew or reasonably should have

known that the information was obtained by a person not known by the parties to be present

during the conversation; and

Fifth Proposition: That when he did so, the defendant knew or reasonably should have

known that the parties to the conversation intended the conversation to be private; and

Sixth Proposition: That when he did so, the defendant knew or reasonably should have

known that the circumstances surrounding the conversation justified the parties' expectation t hat

the conversation would be private.

If you find from your consideration of all evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.