Ala. Pattern Jury Instr. (Criminal) 13A-6-131 (BURGLARY III)

Domestic Violence Second Degree

(Burglary III)

The defendant is charged with domestic violence in the second degree.

A person commits the crime of domestic violence in the second degree if he/she

commits the crime of burglary III and the victim is a current or former spouse, parent,

child, any person with whom the defendant has a child in common, a present or former

household member, or a person who has or had a dating relationship with the

defendant.

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

following elements:

(1) [Insert the elements of Burglary III, 13A-7-7]; (AND)

(2) The victim [Insert Victim's Name] was [Read as appropriate]:

(a) a current or former spouse of the defendant;

(b) parent of the defendant;

(c) child of the defendant;

(d) a person with whom the defendant had a child in common;

(e) a present or former household member of the defendant; (OR)

(f) a person who has or had a dating relationship with the defendant.

[Insert appropriate definitions and mens rea from Burglary III Instructions]

A dating relationship is a significant relationship of a romantic or intimate nature

characterized by the expectation of affectionate or sexual involvement over a period of

time and on a continuing basis during the course of the relationship. A dating

relationship includes the period of engagement to be married. A dating relationship

does not include a casual or business relationship or a relationship that ended more

than 12 months prior to the filing of the petition for a protection order. [13A-6-139.1 -

definition effective January 1, 2016]

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

doubt each of the above elements of domestic violence in the second degree, then you

shall find the defendant guilty of domestic violence in the second degree.

If you find that the State has failed to prove any one or more of the elements of

the offense of domestic violence in the second degree, then you cannot find the

defendant guilty of domestic violence in the second degree.

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

those offenses at this point.]