Ala. Pattern Jury Instr. (Criminal) 13A-6-111_BEFORE_912023

Transmitting Obscene Material to a Child by Computer

(Before 9/1/2023)

The Defendant is charged with transmitting obscene material to a child

by computer.

A person commits the crime of transmitting obscene material to a child

by computer if he/she transmits, by means of any computer communication

system allowing the input, output, examination, or transfer of computer

programs from one computer to another, material which, in whole or in part,

depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse,

for the purpose of initiating or engaging in sexual acts with a child.

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

the following elements of transmitting obscene material to a child by

computer:

(1) The Defendant transmitted material which, in whole or in part,

depicted actual or simulated nudity, sexual conduct, or

sadomasochistic abuse;

(2) The Defendant transmitted the material by means of a computer

communication system allowing the input, output, examination,

or transfer of computer programs from one computer to another;

(AND)

(3) The Defendant transmitted the material for the purpose of

initiating or engaging in sexual acts with a child.

(4) The defendant acted [Insert appropriate mens rea element -

See Use Notes].

Definitions: [Note: SOME of these definitions come from other articles

of the Code & are provided to aid the court. Read as appropriate. Give in an

order appropriate in your case.]

A child is defined as a person under 16 years of age. [13A -6-120] It

includes a person whom the Defendant believes is a child. [See Baney v.

Ala., 42 So. 3d 170 (Ala. Crim. 2009)]

A computer is an electronic, magnetic, optical, electrochemical, or

other high speed data processing device or system that performs logical,

arithmetic, or memory functions by the manipulations of electronic or

magnetic impulses and includes all input, output, processing, storage, or

communication facilities that are connected or related to the device. [13A -8-

111(2)]

A computer system is a set of related or interconnected computer or

computer network equipment, devices and software. [13A-8-111(8)]

A computer program is an ordered set of data representing coded

instructions or statements that when executed by a computer cause the

computer to process data or perform specific functions. [13A-8-111(4)]

A local community is the judicial circuit in which the indictment is

brought. [13A-12-190(14)]

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(8)]

Material is any book, magazine, newspaper, printed or written matter,

writing, description, picture, drawing, animation, photograph, motion picture,

film, video tape, pictorial representation, depiction, image, electrical or

electronic reproduction, broadcast, transmission, telephone communication,

sound recording, article, device, equipment, matter, oral communication, live

performance, or dance. [13A-12-200.1(15)]

Nudity is the lewd showing of the post -pubertal human female breasts

below a point immediately above the top of the areola and/or of the

genitals or pubic area. [13A-12-190(10) & (11) and 13A-12-200.1(4) & (10)]

Obscene means that the average person, applying contemporary

community standards, would find that the material, taken as a whole, appeals

to the prurient interest; and the material depicts or describes, in a patently

offensive way, sexual conduct, actual or simulated, normal or perverted; and

a reasonable person would find that the material, taken as a whole, lacks

serious literary, artistic, political or scientific value. [13A-12-200.2(17)]; (OR)

Obscene means (a) when used to describe any matter that contains a

visual reproduction of breast nudity, matter that applying contemporary local

community standards, on the whole, appeals to the prurient interest; and is

patently offensive; and on the whole, lacks serious literary, artistic, political or

scientific value; (b) when used to describe matter that is a depiction of an act

of sado- masochistic abuse, sexual intercourse, sexual excitement,

masturbation, genital nudity, or other sexual conduct, matter containing such

a visual reproduction that itself lacks serious literary, artistic, political or

scientific value. [13A-12-190(13)]

Sado-masochistic abuse means flagellation or torture, in an act of

sexual stimulation, by or upon a person who is nude or clad in undergarments

or in a revealing or bizarre costume; or the binding or physical restraining of a

person who is nude or clad in undergarments or in a revealing or bizarre

costume in an act of sexual stimulation. [13A-12-200.1(21)]; (OR)

Sado-masochistic abuse means flagellation or torture, for the purpose

of sexual stimulation, by or upon a person who is nude or clad in

undergarments or in a revealing or bizarre costume; or the condition of a

person 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(5)]

Sexual acts include sexual intercourse, sodomy, sexual performance,

obscene sexual performance, or sexual conduct for his/her benefit. See [13A -

6-111(d)]

Sexual conduct is any act of sexual intercourse, masturbation,

urination, defecation, lewd exhibition of the genitals, sado- masochistic abuse,

bestiality, or the fondling of the sex organs of animals; or any other physical

contact with a person’s unclothed genitals, pubic area, buttocks, or the breast

or breasts of a female, whether alone or between members of the same or

opposite sex or between a human and an animal, in an act of sexual

stimulation, gratification or perversion. [13A-12-200.1(22) and 13A-12-190(9)]

Sexual intercourse means intercourse, real or simulated, whether

genital-genital, genital -anal, oral -genital, or oral -anal, whether between

persons of the same or opposite sex or between a human and an animal and

has its ordinary meaning and occurs upon any penetration, however slight;

emission is not required. [13A-6-60(1); 13A-12-190(7); and 13A-12-200.1(23)]

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

reasonable doubt each of the above elements of the offense of transmitting

obscene material to a child by computer, then you shall find the Defendant

guilty of the offense of transmitting obscene material to a child by computer.

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

transmitting obscene material to a child by computer, then you cannot find the

Defendant guilty of the offense of transmitting obscene material to a child by

computer.