Ala. Pattern Jury Instr. (Criminal) 13A-5-40(A)(20)A

MURDER OF A PARENT OR LEGAL GUARDIAN IN THE PRESENCE OF A

CHILD

The defendant is charged with capital murder. The law states that the

intentional murder of a person by the defendant when the person is the parent or

legal guardian of a child under the age of 14 at the time of the offense and the

offense was committed in the presence of the child is capital murder.

A person commits an intentional murder if he/she causes the death of

another person and, in performing the act or acts that cause the death of that

person, he/she intends to kill that person.

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

following elements of an intentional murder of a parent or legal guardian in the

presence of a child:

(1) That (name of the deceased) is dead;

(2) That (name of deceased) was the parent or legal guardian of (name of

child) in whose presence the murder was committed;

(3) That (name of child) was under the age of 14 at the time of the offense;

(4) That (name of the defendant) caused the death of (name of the

deceased) by (state the alleged act, e.g., shooting) him/her; (AND)

(5) That in committing the act or acts that caused the death of (name of

deceased) the defendant intended to kill (name of deceased).

An act occurs in the presence of a child if it occurs in the physical presence

of a child or if the actor has knowledge that a child is present and may see or hear

the act. [13A-5-40(20)]

Knowledge is an awareness or understanding of a fact or circumstance; a

state of mind in which a person has no substantial doubt about the existence of a

fact. [Black's Law Dictionary 1040-41 (12th ed. 2024)]

A person acts intentionally when it is his/her purpose to cause the death of

another person. The intent to kill must be real and specific.

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

doubt each of the above elements of the offense of intentional murder of a parent

or legal guardian in the presence of a child, as charged, then you shall find the

defendant guilty of capital murder.

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

one or more of the elements of the offense of intentional murder of a parent or

legal guardian in the presence of a child, then you cannot find the defendant guilty

of capital murder.

(If lesser-included offenses are included, the court should instruct on

those offenses at this point.)