Ala. Pattern Jury Instr. (Criminal) 13A-6-194(A)(1)

13A-6-194(a)(1)

ELDER ABUSE AND NEGLECT THIRD DEGREE

(Reckless & Physical Injury)

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

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

if he/she recklessly abuses or neglects any elderly person and the abuse or neglect

causes 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 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 recklessly.

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]

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

1-2(12)]

[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 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)]

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 third degree, then

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

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

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

these offenses at this point.]