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

Sexual Extortion

*[These instructions apply only to offenses committed prior to 09/01/2019]

The defendant is charged with sexual extortion.

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

person to engage in sexual intercourse, deviate sexual intercourse, 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, deviate sexual intercourse, sexual excitement, masturbation,

breast nudity, genital nudity, or other sexual conduct by transmitting any communication

containing 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 another person, [insert name of person], to: [Read as

appropriate]:

A. Engage in [Read as appropriate]:

1. Sexual intercourse;

2. Deviate sexual intercourse;

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. Deviate sexual intercourse,

4. Sexual excitement;

5. Masturbation;

6. Breast nudity;

7. Genital nudity; (OR)

8. Other sexual conduct;

(2) The defendant did by transmitting a communication containing a threat to injure

the body, property, or reputation of a person; (AND)

(3) The defendant did so knowingly.

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.]