Ala. Pattern Jury Instr. (Criminal) 13A-12-196

Alabama Code 1975, §13A-12-196*

Permitting Child to Engage in Production of Child Sexual Abuse Material

[*These instructions apply only to offenses committed on or after

10/1/2024]

The defendant is charged with permitting child to engage in the production

of child sexual abuse material.

A person commits the crime of permitting child to engage in the production

of child sexual abuse material if he/she is a responsible person, as defined in

Section 26-15-2, who knowingly permits or allows his/her child, ward, or

dependent under 18 years of age to engage in the production of any child sexual

abuse material containing a visual depiction of the child, ward, or dependent.

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

following elements:

(1) The defendant was a responsible person, as defined in Section 26-15-

2;

(2) The defendant had a child, ward, or dependent under 18 years of age;

(3) The defendant permitted or allowed that child, ward, or dependent to

engage in the production of any child sexual abuse material containing

a visual depiction of the child, ward, or dependent; (AND)

(4) The defendant did so knowingly.

A Responsible Person is a child's natural parent, stepparent, adoptive

parent, legal guardian, custodian, or any other person who has the permanent or

temporary care or custody or responsibility for the supervision of a child. [26-15-

2(5)]

A Parent is the legal mother or the legal father of a child. [12-15-102(19)]

[Read as appropriate]: You may infer from the following factors whether

or not the individual displayed or depicted in any visual depiction is under 18

years of age:

(1) The general body growth and bone structure of the individual;

(2) The development of pubic hair or body hair on the individual;

(3) The development of the individual's sexual organs;

(4) The context in which the individual is placed by any accompanying

printed or text material;

(5) Any expert testimony as to the degree of maturity of the individual.

[13A-12-193(b)]

The existence of any or all of the factors listed shall not operate to change the

requirement that before any conviction may be had, the state must convince you

beyond a reasonable doubt that the individual engaged in the sexually explicit

conduct is or is virtually indistinguishable from an individual under 18 years of

age. [13A-12-193(c)]

[Read as appropriate]:It is an affirmative defense to prosecution under

this division if the actual individual purported to be under 18 years of age and

engaged in sexually explicit conduct was an actual individual 18 years of age or

older at the time of the offense. [13A-12-193(d)]

[Read as appropriate]: The state shall not be required to establish the

actual existence or identity of the individual alleged to be under 18 years of age

who is engaged in any act of sexually explicit conduct. [13A-12-194]

A Guardian is a person who has qualified as a guardian of a minor or

incapacitated person pursuant to parental or spousal nomination or court

appointment and includes a limited guardian as described in Sections 26-2A-

78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem. [26-

2A-20(7)]

A Ward is a person for whom a guardian has been appointed. [26-2A-

20(22)]

Child sexual abuse material is any visual depiction of an individual under

18 years of age engaged in any act of sexually explicit conduct, including a

virtually indistinguishable depiction. [13A-12-190(2)]

Sexually explicit conduct is actual or simulated conduct that includes

sadomasochistic abuse, sexual excitement, sexual intercourse, masturbation,

breast nudity, genital nudity, or other sexual conduct. [13A-12-190(14)]

Sadomasochistic abuse is either of the following:

a. Flagellation or torture, for the purpose of sexual stimulation, by or upon

an individual who is nude or clad in undergarments or in a revealing or bizarre

costume;

(OR)

b. The condition of an individual who is nude or clad in undergarments or

in a revealing or bizarre costume being fettered, bound, or otherwise physically

restrained for the purpose of sexual stimulation.

[13A-12-190(10)]

Sexual excitement is the condition of human male or female genitals when

in a state of sexual stimulation.[13A-12-190(12)]

Sexual intercourse is intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the

same or opposite sex or between a human and an animal. [13A-12-190(13)]

Masturbation is manipulation, by hand or instrument, of the human

genitals, whether one's own or another's for the purpose of sexual stimulation.

[13A-12-190(7)]

Breast nudity is the lewd showing of the post-pubertal human female

breasts below a point immediately above the top of the areola. [13A-12-190(1)]

Genital nudity is the lewd showing of the genitals or pubic area.

[13A-12-190(5)]

Other sexual conduct is any touching of the genitals, pubic areas, or

buttocks of the human male or female, or the breasts of the female, whether

alone or between members of the same or opposite sex or between humans and

animals in an act of apparent sexual stimulation or gratification. [13A-12-190(8)]

A virtually indistinguishable depiction is a visual depiction created, altered,

or produced by digital, computer generated, or other means that a reasonable

person would conclude is of an actual individual under 18 years of age engaged

in sexually explicit conduct. [13A-12-190(15)]

A person knowingly acts when the person knows the nature of the child

sexual abuse material. A person knows the nature of the material when either of

the following circumstances exist:

a. The person is aware of the character and content of the material.

(OR)

b. The person recklessly disregards circumstances suggesting the

character and content of the material.

[13A-12-190(6)]

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

reasonable doubt each of the elements of permitting child to engage in the

production of child sexual abuse material, then you shall find the defendant guilty

of permitting child to engage in the production of child sexual abuse material.

If you find from the evidence that the State has failed to prove any one or

more of the elements of permitting child to engage in the production of child

sexual abuse material, then you cannot find the defendant guilty of permitting

child to engage in the production of child sexual abuse material.