Ala. Pattern Jury Instr. (Criminal) 13A-6-61(A)(3)_BEFORE_9-1-2019

Rape First Degree

(Victim Less Than 12)

*[These instructions apply only to offenses committed before 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, being 16 years or

older, engages in sexual intercourse with a member of the opposite sex who is less than

12 years old.

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) The defendant and [Insert Victim's name] were members of the opposite

sex;

(3) The defendant was 16 years old or older;

(4) [Insert Victim's name] was less than 12 years old; (AND)

(5) 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(1)]

Consent is no defense to a prosecution for this offense. [13A-6-70(c)(1)]

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.]