Ala. Pattern Jury Instr. (Criminal) 13A-6-122

Electronic Solicitation of a Child

The Defendant is charged with electronic solicitation of a child.

A person commits the crime of electronic solicitation of a child if he/she, with the

intent to commit an unlawful sex act, knowingly [select as appropriate] entices,

induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts

to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of

a [select as appropriate] computer, on -line service, internet service, internet bulletin

board service, weblog, cellular phone, video game system, personal data assista nt,

telephone, facsimile machine, camera, universal serial bus drive, writable compact disc,

magnetic storage device, floppy disk, or any other electronic communication or storage

device, [select as appropriate] a child who is at least 3 years younger than the

defendant, or another person believed by the defendant to be a child at least 3 years

younger than the defendant, to meet with the defendant or any other person, for the

purpose of engaging in [select as appropriate] sexual intercourse, sodomy, or to

engage in a sexual performance, an obscene sexual performance, or sexual conduct

for his/her benefit or for the benefit of another.

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

following elements:

(1) The Defendant knowingly

(a) [select as appropriate] enticed, induced, persuaded, seduced,

prevailed, advised, coerced, lured, or ordered, or attempted to

entice, induce, persuade, seduce, prevail, advise, coerce, lure, or

order;

(b) [select as appropriate]

(i) a child who was at least 3 years younger than the defendant,

or

(ii) another person believed by the defendant to be a child at

least 3 years younger than the defendant;

(c) To meet with [select as appropriate]

(i) the defendant, or

(ii) any other person,

(d) For the purpose of engaging in [select as appropriate]

(i) sexual intercourse,

(ii) sodomy, or

(iii) to engage in [select as appropriate]

a. a sexual performance,

b. an obscene sexual performance, or

c. sexual conduct;

(e) For [select as appropriate]

(i) his/her benefit, or

(ii) for the benefit of another;

(2) The Defendant did so by means of a [select as appropriate] computer,

on-line service, internet service, internet bulletin board service, weblog,

cellular phone, video game system, person al data assistant, telephone,

facsimile machine, camera, universal serial bus drive, writable compact

disc, magnetic storage device, floppy disk, or any other electronic

communication or storage device; (AND)

(3) The Defendant did so with the intent to commit an unlawful sex act.

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 und er 16 years o f 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)]

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)]

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 scient ific

value. [13A-12-200.2(17)]; (OR)

Obscene means (a) when used to describe any matte r 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 its elf lacks serious literary, artistic,

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

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

[13A-12-190(14)]

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 w ho 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, ob scene

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 o r

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)]

Sexual performance means an act or show intended to arouse, satisfy the sexual

desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, videotaped, or projected over the Internet.

[13A-6-151(7)(b)(1)]

Sodomy is deviate sexual intercour se which is any act of sexual gratification

between two persons involving the sex organs of one person and the mouth or anus of

another. [13A-6-63 & 64; 13A-6-60(2)]

A person acts knowingly with respect to conduct or a circumstance when he/she

is aware that his/her conduct is of that nature or that the circumstance exists.

[13A-2-2-(2)]

A person acts intentionally with respect to a result or conduct when his/her

purpose is to cause that result or engage in that conduct. [13A-2-2(1)]

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

doubt each of the above elements of the offense of electronic solicitation of a child,

then you shall find the Defendant guilty of the offense of el ectronic solicitation of a child.

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 electronic

solicitation of a child, then you cannot find the Defendant guilty of the offense of

electronic solicitation of a child.