Ala. Pattern Jury Instr. (Criminal) 13A-5-40(A)(8)_(VICTIMBETWEENTHEAGES12AND16)

MURDER DURING SEXUAL ABUSE IN THE SECOND DEGREE

(OR ATTEMPT THEREOF)*

(Victim Between Ages of 12 and 16)

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

intentional murder committed during sexual abuse in the second degree is capital

murder.

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

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

he/she intends to kill that person (or another person).

A person commits sexual abuse in the second degree if he/she is 19 years

old or older and subjects to sexual contact another person who is less than 16

years old but more than 12 years old. [13A-6-67(2)]

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

following elements of an intentional murder during sexual abuse in the second

degree:

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

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

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

(3) That in committing the act(s) that caused the death of (name of

deceased) the defendant intended to kill the deceased or another

person;

(4) That the defendant subjected (name of victim) to sexual contact;

(5) That (name of victim) was less than 16 years old but more than 12

years old at that time;

(6) That the defendant was 19 years old or older at that time; (AND)

(7) That the murder took place during the sexual abuse.

Sexual contact means any touching of the sexual or other intimate parts of

a person done for the purpose of gratifying the sexual desire of either party. The

term does not require skin to skin contact. [13A-6-60(3)]

During means in the course of the commission of or in connection with (or

in immediate flight from) the commission of the sexual abuse.

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 an intentional murder during

sexual abuse in the second degree, as charged, then you shall find the defendant

guilty of capital murder.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of the offense of intentional

murder during sexual abuse in the second degree, 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.)