Ala. Pattern Jury Instr. (Criminal) 13A-6-152(A)(2)

Human Trafficking First Degree

(Obtaining Minor for Sexual Servitude)

The defendant is charged with human trafficking in the first degree.

A person commits the crime of human trafficking in the first degree if he/she

knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors,

holds, restrains, transports, provides, or maintains any minor for the purpose of

causing a minor to engage in sexual servitude.

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

following elements:

1. The defendant obtained, recruited, enticed, solicited, induced, threatened,

isolated, harbored, held, restrained, transported, provided, or maintained a

minor, [Insert name of minor];

2. For the purpose of causing the minor to engage in sexual servitude;

(AND)

3. The defendant acted knowingly.

A minor is a person under the age of 19. [13A-6-151(5)]

It is not required that the defendant have knowledge of a minor victim’s age.

[13A-6-152(b)]

[Read as appropriate]: Reasonable mistake of age is not a defense to

liability under this section. [13A-6-152(b)]

Sexual Servitude is any sexual conduct for which anything of value is directly

or indirectly given, promised to, or received by any person. [13A-6-151(8)(a) & 13A-

6-151(8)9b)]

Sexual conduct is any of the following acts: [Read as

appropriate]:

A. Sexual intercourse. This term shall have its ordinary meaning and

occurs upon a penetration, however slight; emission is not required.

OR

B. Sodomy. As defined under Section 13A-6-60. Section 13A-6-60

defines sodomy as any sexual act involving the

genitals of one person and the mouth or anus of another person. OR

C. Sexual Contact. As defined under Section 13A-6-60. Section 13A-6-

60 defines sexual contact as 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. OR

D. Sexual Torture. As defined under Section 13A-6-65.1. Section 13A-6-

65.1 defines as follows: [See instructions for 13A-6-65.1.] OR

E. Sexually Explicit Performances. 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. OR

F. Commercial Sex Acts. Any sex act on account of which anything of value

is given, promised to, or received, directly or indirectly, by any person.

[13A-6-151(7)]

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

described by a statute defining an offense when he is aware that his 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 human trafficking in the first degree, then you

shall find the defendant guilty of the offense of human trafficking in the first degree.

If you find that the State has failed to prove beyond a reasonable doubt any

one or more of the elements of human trafficking in the first degree, then you cannot

find the defendant guilty of human trafficking in the first degree.

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

those offenses at this point.]