Ala. Pattern Jury Instr. (Criminal) 13A-6-138

Domestic Violence by Strangulation or Suffocation

(Effective January 1, 2016)

The defendant is charged with domestic violence by strangulation or suffocation.

A person commits the crime of domestic violence by strangulation or suffocation

if he/she commits an assault with intent to cause physical harm or commits the crime of

menacing, by strangulation or suffocation or attempted strangulation or suffocation

against a victim.

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

following elements:

(1) (a) The defendant committed an assault with intent to cause phy sical

harm; (OR)

(b) The defendant committed the crime of menacing;

(2) The defendant did so by strangulat ion or suffocation or attempted

strangulation or suffocation; (AND)

(3) The defendant did so against a victim.

[If applicable, insert the elements of Menacing, 13A-6-23]

Strangulation is intentionally causing asphyxia by closure or compression of the

blood vessels or air passages of the neck as a result of external pressure on the neck.

[13A-6-138(1)]

Suffocation is intentionally causing asphyxia by depriving a person of air or by

preventing a person from breathing through the inhalation of toxic gases or by blocking

or obstructing the airway of a person, by any means other than by strangulation.

[13A-6-138(2)]

[If applicable, insert the instruction on Attempt, 13A-4-2]

A victim is an individual who is related to the defendant in any of these ways:

[Read all applicable]:

a. Is related by marriage, including a common law marriage;

b. Had a former marriage or common law marriage;

c. Had a child in common regardless of whether the victim and the

defendant had ever been married and regardless of whether they

were currently residing or had in the past resided together in the

same household;

d. Had or have had a dating relationship;

e. Was a current or former household member; A household member

is a person maintaining or having maintained a living arrangement

with the defendant where he/she is in, or was engaged in, a

romantic or sexual relationship;

f. A relative of a current or former household member who also lived

with the defendant; A household member is a person maintaining

or having maintained a living arrangement with the defendant

where he/she is in, or was engaged in, a romantic or sexual

relationship; (OR)

g. An individual who was a parent, stepparent, child, or stepchild and

who was in or has maintained a living arrangement with the

defendant. [13A-6-139.1(3)]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense, when his/her purpose is to cause that result or to 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 domestic violence by strangulation or suffocation,

then you shall find the defendant guilty of domestic violence by strangulation or

suffocation.

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

the offense of domestic violence by strangulation or suffocation, then you cannot find

the defendant guilty of domestic violence by strangulation or suffocation.

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

those offenses at this point.]