Ala. Pattern Jury Instr. (Criminal) 13A-6-192

13A-6-192

ELDER ABUSE AND NEGLECT FIRST DEGREE

The defendant is charged with elder abuse and neglect in the first degree.

A person commits the crime of elder abuse and neglect in the first degree if

he/she intentionally abuses or neglects any elderly person and the abuse or

neglect causes serious physical injury to the elderly person.

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

following elements:

(1) The defendant caused serious physical injury to an elderly person,

[Insert Name of Injured Person];

(2) The defendant caused the injury by means of abuse or neglect of the

elderly person; (AND)

(3) The defendant acted with intent to cause serious physical injury to an

elderly person.

An Elderly Person is a person 60 years of age or older. [13A-6-191(3)]

A Person is a human being. [13A-6-191(8]

Serious physical injury is physical injury which creates a substantial risk of

death, or which causes serious and protracted disfigurement, protracted

impairment of health, protracted loss or impairment of the function of any bodily

organ, or a penetrating gunshot wound inflicted by a firearm. [13A-1-2(14)]

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

1-2(12)]

[Read As Appropriate] A Firearm is a weapon from which a shot is

discharged by gunpowder. [13A-8-1(5)]

[Read As Appropriate] A person acts Recklessly with respect to a result

or to a circumstance described by a statute define an offense when he/she is aware

of and conspicuously disregards a substantial and unjustifiable risk that the result

will occur or that the circumstance exists. The risk must be of such nature and

degree that disregard thereof constitutes a gross deviation from the standard of

conduct that a reasonable person would observe in the situation. [13A-2-2(3)]

[Read As Appropriate] A person who creates a risk but is unaware thereof

solely by reason of intoxication acts recklessly. [13A-2-2(3)]

[Read As Appropriate] Neglect is the failure of a caregiver to provide food,

shelter, clothing, medical services, medication, or health care for an elderly person.

[13A-6-191(7)]

[Read As Appropriate] A Caregiver is an individual who has the

responsibility for the care of an elderly person as a result of family relationship or

who has assumed the responsibility for the care of the person voluntarily, for

pecuniary gain, by contract, or as a result of the ties of friendship. [13A-6-191(1)]

A person acts Intentionally when it is his/her purpose to cause serious

physical injury to another person. [See 13A-2-2(1)]

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

doubt each of the elements of elder abuse and neglect in the first degree, then you

shall find the defendant guilty of elder abuse and neglect 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 elder abuse and neglect in the first degree, then

you cannot find the defendant guilty of elder abuse and neglect in the first degree.

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

these offenses at this point.]