Ala. Pattern Jury Instr. (Criminal) 13-6-152(A)(2)(MINOR)PRE-JULY12018

Human Trafficking First Degree * (Minor)

[*These instructions apply to offenses committed before July 1, 2018.]

The defendant is charged with human trafficking in the first degree.

A person commits the crime of human trafficking in the first degree if he/she

knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors,

holds, restrains, transports, provides, or maintains any minor for the purpose of

causing a minor to engage in sexual servitude.

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

following elements:

1. The defendant obtained, recruited, enticed, solicited, induced,

threatened, isolated, harbored, held, restrained, transported, provided, or

maintained a minor, [Insert name of minor], for the purpose of causing

a minor to engage in sexual servitude; (AND)

2. The defendant acted knowingly.

A minor is a person under the age of 18. [13A-6-151(5)]

It is not required that the State prove that the defendant had knowledge of a

minor victim’s age. [13A-6-152(3)]

[Read as appropriate]: Reasonable mistake of age is not a defense to liability

under this section. [13A-6-152(3)]

Sexual Servitude is any of the following:

[Read as appropriate]:

(a) Any sexual conduct as defined in subdivision (3) of Section

14-11-30, Code of Alabama 1975, for which anything of value is directly or

indirectly given, promised to, or received by any person, which conduct is

induced or obtained by coercion or deception from a person.

(b) Sexual conduct includes: [Read as appropriate]:

(1) Sexually explicit performances, meaning an act or show intended to arouse,

satisfy the sexual desires of, or appeal to the prurient interests of patrons or

viewers, whether public or private, live, photographed, recorded, videotaped, or

projected over the Internet.

(2) Commercial sex acts, meaning any sex act on account of which anything of

value is given, promised to, or received, directly or indirectly by any person.

(3) Acts defined in subdivision (3) of Section 14-11-30, Code of Alabama

1975.

[13A-6-151(7)]

[Read as appropriate]: Section 14-11-30(3) defines sexual conduct as any of

the following acts:

[Read as appropriate]:

a. Sexual intercourse. This term shall have its ordinary meaning and occurs

upon a penetration, however slight; emission is not required.

b. Sexual contact. Any known touching for the purpose of sexual arousal,

gratification, or abuse of the following:

1. The sexual or other intimate parts of the victim by the actor.

2. The sexual or other intimate parts of the actor by the victim.

3. The clothing covering the immediate area of the sexual or other

intimate parts of the victim or actor.

c. Sexual intrusion. Any intrusion, however slight, by any object or any

part of the body of a person into the genital, anal, or oral opening of

the body of another person if that sexual intrusion can reasonably be

construed as being for the purposes of sexual arousal, gratification, or

abuse.

[14-11-30(3)]

[Read as appropriate]:

Coercion is any of the following:

[Read as appropriate]:

(a) Causing or threatening to cause physical injury or mental suffering to any person,

physically restraining or confining any person, or threatening to physically restrain

or confine any person or otherwise causing the person performing or providing

labor or services to believe that the person or another person will suffer physical

injury or mental suffering.

(b) Implementing any scheme, plan, or pattern intended to cause a person to

believe that failure to perform an act would result in physical injury, mental

suffering, or physical restraint of any person.

(c) Destroying, concealing, removing, confiscating, or withholding from the person or

another person, or threatening to destroy, conceal, remove, confiscate, or

withhold from the person or another person, the person’s or any person’s actual

or purported government records, immigration documents, identifying

information, or person or real property.

(d) Exposing or threatening to expose any fact or information that if revealed would

tend to subject a person to criminal prosecution, criminal or immigration

proceedings, hatred, contempt, or ridicule.

(e) Threatening to report the person or another person to immigration officials or to

other law enforcement officials or otherwise blackmailing or extorting the person

or another person.

(f) Controlling a person’s access to a controlled substance, as the term is

defined in Section 20-2-2, Code of Alabama 1975.

Section 20-2-2 defines a controlled substance as a drug, substance, or immediate

precursor in Schedules I through V of Article 2 of this chapter. [20-2-2]

[Determine if the substance is on one of the Schedules and so state to the

jury unless it is a fact question]

(g) Rape or sodomy or threatened rape or sodomy of any person, as defined by

Title 13A, Code of Alabama 1975. [Insert instruction for appropriate rape or

sodomy statute]

[13A-6-151(1)]

Physical injury is impairment of physical condition or substantial pain. [13A-6-

151(6)]

Mental suffering is a high degree of mental pain or emotional disturbances,

such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It

is more than mere disappointment, anger, resentment, wounded pride, or

embarrassment and must be a direct result of the crime of human trafficking. [13A-6-

151(4)]

Deception is any of the following: [Read as appropriate]:

(a) Creating or confirming an impression of any existing fact or past event

which is false and which the accused knows or believes to be false.

(b) Exerting financial control over the person or another person by placing

the person or another person under the actor’s control as a security or payment

of a debt, if the value of the services as reasonably assessed is not applied

toward the liquidation of the debt or the length and nature of those services are

not respectively limited and defined or the principal amount of the debt does not

reasonably reflect the value of the items or services for which debt was

incurred or by preventing a person from acquiring information pertinent to the

disposition of the debt, referenced in this paragraph.

(c) Promise benefits or the performance of services which the accused does

not intended to be delivered. Evidence of failure to deliver benefits or perform

services standing along shall not be sufficient to authorize a connection under

this Article.

(d) Using any scheme, plan, or pattern, whether overt or subtle, intended to

cause any person to believe that, if the person did not perform such labor,

services, acts or performances, the person or another person would suffer

physical injury or mental suffering.

[13A-6-151(2)]

A person acts knowingly with respect to conduct or to a circumstance

described by a statute defining an offense when he is aware that his conduct is of

that nature or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the above elements of human trafficking in the first degree, then you

shall find the defendant guilty of the offense of human trafficking in the first degree.

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

or more of the elements of human trafficking in the first degree, then you cannot find

the defendant guilty of human trafficking in the first degree.

[If lesser-included offenses are included, the Court should instruct on

those offenses at this point.]