Ala. Pattern Jury Instr. (Criminal) 13A-6-124

Traveling to Meet a Child for an Unlawful Sex Act

The Defendant has been charged with the offense of traveling to meet a child for

an unlawful sex act.

A person commits the crime of traveling to meet a child for an unlawful sex act if

he/she travels or attempts to travel, within this state, to this state , or from this state, by

any means, or knowingly causes another to do so, or to attempt to do so, for the

purpose of engaging in any unlawful sex act with a child, including sexual intercourse,

sodomy, a sexual performance, obscene sexual performance, or o ther 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: [Read as appropriate]:

(a) Traveled within this state, to this stat e or from this state by any

means;

(b) Attempted to do so; (OR)

(c) Knowingly caused another to do so or attempt to do so;

(2) The purpose of the travel was to engage with a child in an unlawful sex

act, including: [Read as appropriate]:

(a) Sexual intercourse;

(b) Sodomy;

(c) A sexual performance;

(d) Obscene sexual performance; (OR)

(e) Other sexual conduct; (AND)

(3) The unlawful sex act was for: [Read as appropriate]:

(a) The Defendant's benefit; (OR)

(b) The benefit of another.

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 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)]

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, se xual

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 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 conta ining such a visual reproduction that itself 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 fla gellation 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 in tercourse, 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 se x 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)]

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 intercourse 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)]

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

doubt each of the above elements of the offense of tr aveling to meet a child for an

unlawful sex act, then you shall find the Defendant guilty of the offense of traveling to

meet a child for an unlawful sex act.

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 traveling to meet a

child for an unlawful sex act, then you cannot find the Defendant guilty of the offense of

traveling to meet a child for an unlawful sex act.