Ala. Pattern Jury Instr. (Criminal) 13A-6-61(A)(2)

Rape First Degree

(Incapable of Consent)

*[These instructions apply only to offenses committed on or after 9/1/2019]

The defendant is charged with rape in the first degree.

A person commits the crime of rape in the first degree if he/she

engages in sexual intercourse with another person who is incapable of

consent by reason of being incapacitated.

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

the following elements:

(1) The defendant engaged in sexual intercourse with [Insert

Victim's name];

(2) [Insert Victim's name] was incapable of consent by reason

of being incapacitated; (AND)

(3) The defendant acted [Insert appropriate mens rea element

- See Use Note].

Sexual intercourse has its ordinary meaning and occurs upon any

penetration, however slight; emission is not required. [13A-6-60(4)]

Incapacitated means any of the following: [Read as appropriate]

(1) A person who suffers from a mental or developmental disease

or disability which renders the person incapable of appraising

the nature of his or her conduct [13A-6-60(2)a.]; OR,

(2) A person is temporarily incapable of appraising or controlling his

or her conduct due to the influence of a narcotic, anesthetic, or

intoxicating substance and the condition was known or should

have been reasonably known to the offender [13A-6-60(2)b.];

OR,

(3) A person who is unable to give consent or who in unable to

communicate an unwillingness to an act because the person is

unconscious, asleep, or is otherwise physically limited or unable

to communicate.[13A-6-60(2)c.]

Consent is no defense to a prosecution for this offense. [13A-6-

70(b)(2)&(c)(2)]

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

reasonable doubt each of the above elements of rape in the first degree,

then you shall find the defendant guilty of rape in the first degree.

If you find that the State has failed to prove any one or more of the

elements of the offense of rape in the first degree, then you cannot find the

defendant guilty of rape in the first degree.

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

instruct on those offenses at this point.]