Ala. Pattern Jury Instr. (Criminal) 13A-11-290(C)(6)

Leaving Child or Incapacitated Person Unattended in Motor Vehicle

(Fatality)

The Defendant is charged with leaving a child or incapacitated person unattended

in a motor vehicle resulting in a fatality.

A person commits the crime of leaving a child or an incapacitated person

unattended in a motor vehicle resulting in a fatality if he/she/it is a licensed day care

center, a licensed child care facility, a program providing day care service to incapacitated

persons, or any other child care service that is exempt from licensing pursuant to Section

38-7-3, or an employee thereof, or a person for hire responsible for a child under the age

of 7 or an incapacitated person; and he/she/it leaves a child or incapacitated person in a

motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm,

and the child or incapacitated person is fatally injured as a result of this act.

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

elements:

(1) The Defendant was [Read as appropriate]:

(a) A licensed day care center;

(b) A licensed child care facility;

(c) A program providing day care service to incapacitated person;

(d) Any child care service that was exempt from licensing pursuant to Section

38-7-3;

(e) An employee of,

(i) A licensed day care center;

(ii) A licensed child care facility;

(iii) A program providing day care service to incapacitated person;

[OR]

(iv)Any child care service that was exempt from licensing pursuant to

Section 38-7-3;

[OR]

(f) A person for hire responsible for a child under the age of 7 or an

incapacitated person;

(2) The Defendant left a child or an incapacitated person, [insert name], in a motor

vehicle unattended in a manner that created an unreasonable risk of injury or

harm to the child or incapacitated person;

(3) The child or incapacitated person was fatally injured as a result of this act;

(AND)

(4) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

Incapacitated person is any person who is impaired by reason of mental illness,

mental deficiency, physical illness or disability, physical or mental infirmities

accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause

(except minority) to the extent of lacking sufficient understanding or capacity to make or

communicate responsible decisions. [13A-11-290(b) & 26-2A-20(8)]

Motor Vehicle means every vehicle which is self-propelled and every vehicle which

is propelled by electric power obtained from overhead trolley wires, but not operated upon

rails, except for electric personal assistive mobility devices. [13A-11-290(b) & 32-1-

1.1(32)]

Serious Physical Injury is physical injury which creates a substantial risk of death,

or which causes serious and protracted disfigurement, protracted impairment of health,

or protracted loss or impairment of the function of any bodily organ. [13A-1-2(14)

[Read as appropriate]: [insert Section 38-7-3]

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

each of the elements of leaving a child or an incapacitated person unattended in a motor

vehicle resulting in serious physical injury, then you shall find the defendant guilty of

leaving a child or an incapacitated person unattended in a motor vehicle resulting in

serious physical injury.

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

or more of the elements of leaving a child or an incapacitated person unattended in a

motor vehicle resulting in serious physical injury, then you cannot find the defendant guilty

of leaving a child or an incapacitated person unattended in a motor vehicle resulting in

serious physical injury.

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

offenses at this point.]