Ala. Pattern Jury Instr. (Criminal) 13A-6-241

Sexual Extortion

*[These instructions apply only to offenses committed on or after 09/01/2019]

The defendant is charged with sexual extortion.

A person commits the crime of sexual extortion if he/she knowingly causes or

attempts to cause another person to engage in sexual intercourse, sodomy, sexual

contact, or in a sexual act or to produce any photograph, digital image, video, film, or

other recording of any person, whether recognizable or not, engaged in any act of

sadomasochistic abuse, sexual intercourse, sodomy, sexual excitement, masturbation,

breast nudity, genital nudity, or other sexual conduct by communicating any threat to

injure the body, property, or reputation of any person.

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

following elements:

(1) The defendant caused or attempted to cause another person, [insert name

of person], to: [Read as appropriate]:

A. Engage in [Read as appropriate]:

1. Sexual intercourse;

2. Sodomy;

3. Sexual contact; (OR)

4. Sexual act;

(OR)

B. Produce any [Read as appropriate]:

1. Photograph;

2. Digital image;

3. Video;

4. Film; (OR)

5. Other recording;

of any person, whether recognizable or not, engaged in any act of [Read as

appropriate]:

1. Sadomasochistic abuse;

2. Sexual intercourse;

3. Sodomy;

4. Sexual excitement;

5. Masturbation;

6. Breast nudity;

7. Genital nudity; (OR)

8. Other sexual conduct;

(2) The defendant did so by communicating a threat to injure the body, property,

or reputation of any person; (AND)

(3) The defendant did so knowingly.

Definitions for engaging in an act:

[Read as Appropriate]: Sexual intercourse has its ordinary meaning and

occurs upon any penetration of the vagina by the penis, however slight; emission is not

required. [13A-6-60(4)]

[Read as Appropriate]: Sodomy includes any sexual act involving the

genitals of one person and the mouth or anus of another person. [13A-6-60(5)]

[Read as Appropriate]: Sexual contact includes any touching of the

sexual or 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. [13A-6-60(3)]

[Read as Appropriate]: Sexual act includes sexual intercourse, sodomy,

sexual contact and the fondling or feeling of the sexual or genital parts or breasts.

[13A-6-69(a)]

Definitions for producing a photograph, etc.:

[Read as Appropriate]: Sadomasochistic abuse means producing either

of the following: [Read as Appropriate]:

(a) flagellation or torture, for the purpose of sexual stimulation, by or upon a

person who is nude or clad in undergarments or in a revealing or bizarre

costume; [13A-12-190(5)]; (OR)

(b) the condition of a person who is nude or clad in undergarments or in a

revealing or bizarre costume being fettered, bound, or otherwise physically

restrained for the purpose of sexual stimulation. [13A-12-190(10)]

[Read as Appropriate]: S exual intercourse includes intercourse, real or

simulated, whether genital -genital, oral -genital, anal -genital or oral -anal, whether

between persons of the same or opposite sex or between a human or an animal.

[13A-12-190(13)]

[Read as Appropriate]: Sodomy is any sexual act involving the genitals

of one person and the mouth or anus of another person whether real or simulated and

whether between persons of the same or opposite sex. [13A-12-190(13)]

[Read as Appropriate]: S exual excitement is the condition of human

male or female genitals when in a state of sexual stimulation. [13A-12-190(12)]

[Read as Appropriate]: Masturbation is the manipulation, by and or

instrument, of the human genitals, whether one’s own or another’s for the purpose of

sexual stimulation. [13A-12-190(7)]

[Read as Appropriate]: Breast nudity means the lewd showing of post -

pubertal human female breasts below a point immediately above the top of the areola.

[13A-12-190(1)]

[Read as Appropriate]: Genital nudity means the lewd showing of the

genitals or public area. [13A-12-]190(5).

[Read as Appropriate]: Other sexual conduct includes any touching of

the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the

female, whether alone or between members of the same or opposite sex or between

humans and animals in an act of apparent sexual stimulation or gratification.

[13A-12-190(8)]

A person acts knowingly with respect to conduct or to a circumstance when he/

she is aware that his/her 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 sexual extortion, then you shall find the defendant

guilty of sexual extortion. If you find that the State has failed to prove any one or more of

the elements of the offense of sexual extortion, then you cannot find the defendant

guilty of sexual extortion.

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

those offenses at this point.]