Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5024

[Name of defendant] is charged in count ___ with cyberstalking.

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 used, in an electronic [mail/communication],

[words/language] threatening to _______________ [specify (1) inflict bodily harm to [name of

person]; (2) inflict bodily harm to [name of person]'s child, sibling, spouse, or dependent; or (3)

inflict physical injury to [name of person]'s property];

OR

2B. [Name of defendant] unlawfully used, in an electronic [mail/communication],

[words/language] to [extort/demand] money or something of value from [name of person];

OR

2C. [Name of defendant] unlawfully electronically [mailed/communicated] to [name of person]

repeatedly in order to [threaten/terrify/harass] [name of person];

OR

2D. [Name of defendant] unlawfully electronically [mailed/communicated] to [name of person]

and [intentionally/knowingly] made a false statement concerning the

[death/injury/illness/disfigurement/indecent conduct/criminal conduct] of [name of person], or of

a member of [name of person]'s family or household, intending to [threaten/terrify/harass];

OR

2E. [Name of defendant] [intentionally/knowingly] and unlawfully permitted an electronic

communication device under [name of defendant]'s control to be used in order to:

A. Use, in an electronic [mail/communication], [words/language] threatening to

_______________ [specify (1) inflict bodily harm to [name of person]; (2) inflict bodily

harm to [name of person]'s child, sibling, spouse, or dependent; or (3) inflict physical

injury to [name of person]'s property]; or

B. Use, in an electronic [mail/communication], [words/language] to [extort/demand]

money or something of value from [name of person]; or

C. Electronically [mail/communicate] [to/with] [name of person] repeatedly in order to

[threaten/terrify/harass] [name of person]; or

D. Electronically [mail/communicate] [to/with] [name of person] and

[intentionally/knowingly] make a false statement concerning the

[death/injury/illness/disfigurement/indecent conduct/criminal conduct] of [name of

person], or of a member of [name of person]'s family or household, intending to

[threaten/terrify/harass],

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 of count _____.

Definition(s) in this Instruction:

In this instruction, “electronic communication” means any data, images, signs, or writings

transferred or transmitted by a computer, electronic, photo-optic, radio, or wire system.

In this instruction, “electronic mail” or “email” means a communication or information

that is transmitted by the Internet, a computer, cellular telephone, fax machine, video recorder, or

other electronic means and is sent to a person with a unique address or address number and

received by that person.