Proposed Jury Instructions  for False Reports
of Bombs/Explosives 

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

3.     On or about the _____ day of _______________, 2_____,
4.     Did (impart) (convey)(cause to be imparted) (cause to be conveyed)
5.     False information (knowing) (having reasonable cause to believe) such information to be false,
6.     (Concerning the presence of any [bomb] [explosive device]) (concerning an [attempt] [alleged attempt] being made or to be made to so place or explode any such [bomb] [explosive])
7.     (In) (at) (near) (under) (against)
8.     A (dwelling house) (structure) (improvement) (building) (bridge) (motor vehicle)_ (vessel) (boat) (railroad car) (airplane) (other place)
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of the crime of False Reports Concerning Bombs Or Other Explosives, you may find the Defendant guilty as charged in the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of the crime of False Reports Concerning Bombs Or Other Explosives as charged in the indictment you shall find the Defendant not guilty .

    The offense charged in Count _____ of the Indictment in this case is False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury. One of two verdicts may be returned by you under the offense charged in the indictment. They are: (1) guilty of False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury; and (2) not guilty.
     False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury is committed when any person shall impart or convey or cause to be imparted or conveyed any false information, knowing or having reasonable cause to believe such information to be false, concerning the presence of any bomb or other explosive device in, at, on, near, under or against any dwelling, house, structure, improvement, building, bridge, motor vehicle, vessel, boat, railroad car, airplane or other place, or concerning an attempt or alleged attempt being made or to be made to so place or explode any such bomb or other explosive device, which false information imparted, conveyed or caused to be imparted or conveyed resulted in serious bodily injury to another person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt, and the Defendant is not required to prove himself innocent. He is presumed by law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant can be convicted of False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury, the State of West Virginia must overcome the presumption that he is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________
2.      in _______________ County, West Virginia
3.      On or about the _____ day of _______________, 2_____,
4.      Did (impart) (convey)(cause to be imparted) (cause to be conveyed)
5.      False information (knowing) (having reasonable cause to believe) such information to be false,
6.      (Concerning the presence of any [bomb] [explosive device]) (concerning an [attempt] [alleged attempt] being made or to be made to so place or explode any such [bomb] [explosive])
7.      (In) (at) (near) (under) (against)
8.      A (dwelling) (house) (structure) (improvement) (building) (bridge) (motor vehicle)_ (vessel) (boat) (railroad car) (airplane) (other place)
9.      Which (imparting) (conveying) (causing to be imparted) (causing to be conveyed) of false information resulted in another person suffering serious bodily injury.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of the crime of False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury, you may find the Defendant guilty as charged in the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of the crime of False Reports Concerning Bombs Or Other Explosives Causing Serious Bodily Injury as charged in the indictment you shall find the Defendant not guilty .

1.    W.Va. Code, §61-6-17