Ala. Pattern Jury Instr. (Criminal) 13A-6-122_AFTER_9119

ELECTRONIC SOLICITATION OF A

CHILD

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

09/01/2019]

The Defendant is charged with electronic solicitation of a child.

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

knowingly 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 computer, online service,

Internet service, Internet bulletin board service, weblog, cellular phone, video

game system, personal 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, a child

who is at least three years younger than the defendant, or another person

believed by the defendant to be a child at least three years younger than the

defendant to meet with the defendant or any other person for the purpose of

engaging in sexual intercourse, sodomy, sexual contact, sexual performance,

obscene sexual performance, sexual conduct, or genital mutilation, or directs

a child to engage in sexual intercourse, sodomy, sexual contact, sexual

performance, obscene sexual performance, sexual conduct, or genital

mutilation.

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

the following elements:

(1) The defendant [did or attempted to] entice, induce, persuade,

seduce, prevail, advise, coerce, lure, or order;

(2) [Read as appropriate]:

(a) A child who was at least 3 years younger than the defendant; [OR]

(b) Another person believed by the defendant to be a child at 3

years younger than the defendant;

(3) To meet with: [Read as appropriate]

(a) The defendant; [OR]

(b) Another person;

(4) By means of a computer, on- line service, internet service, internet

bulletin board service, weblog, cellular phone, telephone, camera, or

any other electronic communication or storage device;

(5) For the purpose of engaging in or directed a child to engage in:

[Read as appropriate]

(a) Sexual intercourse;

(b) Sodomy;

(c) Sexual contact;

(d) Sexual performance;

(e) Obscene sexual performance;

(f) Sexual conduct; [OR]

(g) Genital mutilation.

(6) The defendant did so knowingly.

A person acts knowingly with respect to conduct or to a circumstance

described by a statute defining an offense when he/she is aware that his/her

conduct is that of a nature or that the circumstance exists. [13A-2-2(2)]

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

[Read as appropriate]: 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)]

[Read as appropriate]: Sexual intercourse means intercourse, real or

simulated, whether genital -genital, oral -genital, anal -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(4); 13A -12-

190(7); 13A-12-200.1(23)]

[Read as appropriate]: Sodomy is any sexual act involving the

genitals of one person and the mouth or anus of another person. [13A -6-

60(5)]

[Read as appropriate]: Sexual contact is 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)]

[Read as appropriate]: Sexual performance is 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)(f)]

[Read as appropriate]: Obscene means that:

(a) The average person, applying contemporary community standards,

would find that the material, taken as a whole, appeals to the prurient

interest; and

(b) The material depicts or describes, in a patently offensive way,

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

(c) A reasonable person would find that the material, taken as a whole,

lacks serious literary, artistic, political or scientific value. [13A-12-

200.1(17)]

[Read as appropriate]: Sexual conduct means:

(1) 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)]

(2) 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. [13A-12-2001.1(22)(a)]

(3) 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)(b)]

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

electronic 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.

[If there are lesser-included offenses, the Court should instruct on those

offenses at this point.]