Ala. Pattern Jury Instr. (Criminal) 13A-6-153(A)(1)PRE-JULY12018

Human Trafficking Second Degree *

(Benefits Financially)

[*These instructions apply to offenses committed before July 1, 2018.]

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

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

knowingly benefits, financially or by receiving anything of value, from participation in a

venture or engagement for the purpose of sexual servitude or labor servitude.

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

elements:

1. The defendant benefited, financially or by receiving anything of value,

[Insert benefit], from participation in a venture or engagement for the

purpose of sexual servitude or labor servitude; (AND)

2. The defendant acted knowingly.

[Read as appropriate]:

Sexual Servitude is any of the following:

[Read as appropriate]:

(a) Any sexual conduct as defined in subdivision (3) of Section

14-11-30, Code of Alabama 1975, for which anything of value is directly or

indirectly given, promised to, or received by any person, which conduct is

induced or obtained by coercion or deception from a person.

(b) Sexual conduct includes: [Read as appropriate]:

(1) Sexually explicit performances, meaning 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.

(2) Commercial sex acts, meaning any sex act on account of which

anything of value is given, promised to, or received, directly or

indirectly by any person.

(3) Acts defined in subdivision (3) of Section 14-11-30, Code of Alabama

1975.

[13A-6-151(7)]

[Read as appropriate]: Section 14-11-30(3) defines sexual conduct as 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.

b. Sexual contact. Any known touching for the purpose of sexual arousal,

gratification, or abuse of the following:

1. The sexual or other intimate parts of the victim by the actor.

2. The sexual or other intimate parts of the actor by the victim.

3. The clothing covering the immediate area of the sexual or other intimate

parts of the victim or actor.

c. Sexual intrusion. Any intrusion, however slight, by any object or any part of

the body of a person into the genital, anal, or oral opening of the body of

another person if that sexual intrusion can reasonably be construed as being

for the purposes of sexual arousal, gratification, or abuse.

[14-11-30(3)]

Labor servitude is work or service of economic or financial value which is

performed or provided by another person and is induced or obtained by coercion or

deception. [13A-6-151(3)]

[Read as appropriate]:

Coercion is any of the following:

(a) Causing or threatening to cause physical injury or mental suffering to any

person, physically restraining or confining any person, or threatening to

physically restrain or confine any person or otherwise causing the person

performing or providing labor or services to believe that the person or

another person will suffer physical injury or mental suffering.

(b) Implementing any scheme, plan, or pattern intended to cause a

person to believe that failure to perform an act would result in

physical injury, mental suffering, or physical restraint of any person.

(c) Destroying , concealing, removing, confiscating, or withholding from the

person or another person, or threatening to destroy, conceal, remove,

confiscate, or withhold from the person or another person, the person’s or

any person’s actual or purported government records, immigration

documents, identifying information, or person or real property.

(d) Exposing or threatening to expose any fact or information that if revealed

would tend to subject a person to criminal prosecution, criminal or

immigration proceedings, hatred, contempt, or ridicule.

(e) Threatening to report the person or another person to immigration

officials or to other law enforcement officials or otherwise blackmailing or

extorting the person or another person.

(f) Controlling a person’s access to a controlled substance, as the term is

defined in Section 20-2-2, Code of Alabama 1975.

Section 20-2-2 defines a controlled substance as a drug, substance, or

immediate precursor in Schedules I through V of Article 2 of this chapter.

[20-2-2] [Determine if the substance is on one of the Schedules and so

state to the jury unless it is a fact question]

(g) Rape or sodomy or threatened rape or sodomy of any person, as

defined by Title 13A, Code of Alabama 1975. [Insert instruction for

appropriate rape or sodomy statute]

[13A-6-151(1)]

Physical injury is impairment of physical condition or substantial pain. [13A-6-

151(6)]

Mental suffering is a high degree of mental pain or emotional disturbances,

such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It

is more than mere disappointment, anger, resentment, wounded pride, or

embarrassment and must be a direct result of the crime of human trafficking. [13A-6-

151(4)]

Deception is any of the following: [Read as appropriate]:

(a) Creating or confirming an impression of any existing fact or past event

which is false and which the accused knows or believes to be false.

(b) Exerting financial control over the person or another person by placing

the person or another person under the actor’s control as a security or payment

of a debt, if the value of the services as reasonably assessed is not applied

toward the liquidation of the debt or the length and nature of those services are

not respectively limited and defined or the principal amount of the debt does not

reasonably reflect the value of the items or services for which debt was

incurred or by preventing a person from acquiring information pertinent to the

disposition of the debt, referenced in this paragraph.

(c) Promise benefits or the performance of services which the accused does

not intended to be delivered. Evidence of failure to deliver benefits or perform

services standing along shall not be sufficient to authorize a connection under

this Article.

(d) Using any scheme, plan, or pattern, whether overt or subtle, intended to

cause any person to believe that, if the person did not perform such labor,

services, acts or performances, the person or another person would suffer

physical injury or mental suffering.

[13A-6-151(2)]

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 second degree, then you

shall find the defendant guilty of the offense of human trafficking in the second 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 second degree, then you

cannot find the defendant guilty of human trafficking in the second degree.

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

those offenses at this point.]