Proposed Mississippi Plain Language Model Jury Instructions - Criminal 4012

[Name of defendant] is charged in count ___ with [making an obscene telephone

call/sending an obscene email].

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in __________ County;

2A. [Name of defendant] unlawfully made a [comment/request/suggestion/proposal], which was

[obscene/lewd/lascivious/immoral/sexual] by [telecommunication/electronic communication],

intending to [abuse/threaten/harass] [name of person], who was a party to the [telephone

conversation/telecommunication/electronic communication];

OR

2B. [Name of defendant] unlawfully made [a/an] [telecommunication/electronic communication]

threatening to inflict injury on or physical harm to ____________ [specify (1) [name of person]

or (2) [name of person]'s property], intending to [terrify/intimidate/harass];

OR

2C. [Name of defendant] unlawfully made a telephone call, without [disclosing/informing]

[his/her] identity, intending to [annoy/abuse/threaten/harass] [name of person] at the called

number;

OR

2D. [Name of defendant] unlawfully [made/caused to be made] [name of person]'s telephone to

repeatedly or continuously ring, intending to harass [name of person] at the called number;

OR

2E. [Name of defendant] unlawfully made repeated telephone calls to [name of person], in which

a conversation occurred, but [solely/only] to harass [name of person] at the called number;

OR

2F. [Name of defendant] [intentionally/knowingly] and unlawfully permitted a computer or a

telephone under [his/her] control to be used to:

A. Make a [comment/request/suggestion/proposal], which was

[obscene/lewd/lascivious/immoral/sexual], by [telecommunication/electronic

communication], intending to [abuse/threaten/harass] [name of person], who was a party

to the [telephone conversation/telecommunication/electronic communication]; or

B. Make [a/an] [telecommunication/electronic communication] threatening to inflict

injury on or physical harm to ___________ [specify (1) [name of person] or (2) [name of

person]'s property], intending to [terrify/intimidate/harass]; or

C. Make a telephone call, without [disclosing/informing] [his/her] identity, intending to

[annoy/abuse/threaten/harass] [name of person] at the called number; or

D. [Make/Cause to make] [name of person]'s telephone to repeatedly or continuously

ring, intending to harass [name of person] at the called number; or

E. Make repeated telephone calls to [name of person], in which a conversation occurred,

but [solely/only] to harass [name of person] at the called number; and

3. [Name of defendant] was previously convicted of ________________________ [specify

violation of § 97-29-45] in _____________ [list court and details of previous conviction] on

__________ [list date of previous conviction] and of ________________________ [specify

violation of § 97-29-45] in _____________ [list court and details of previous conviction] on

__________ [list date of previous conviction]; and

4. [Name of defendant]'s previous convictions for ______________________ [specify violations

of § 97-29-45] were committed within five (5) years of __________ [list date of current alleged

crime],

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty in count ___.

Definition(s) in this Instruction:

In this instruction, “telecommunication” or “electronic communication” means a type of

telephonic, electronic or radio communication, or transmitting signs, signals, data, writings,

images, and sounds, or intelligence of any nature, by telephone, including cellular telephones,

wire, cable, radio, electromagnetic, photo-electronic, or photo-optical system, or creating,

displaying, managing, storing, processing, transmitting, or distributing images, text, voice, video,

or data by wire, cable, or wireless means, including the Internet.