Ala. Pattern Jury Instr. (Criminal) 13A-6-62(A)(1)_BEFORE_9-1-2019

Rape Second Degree

(Victim 12-16)

*[These instructions apply only to offenses committed before 9/1/2019]

The defendant is charged with rape in the second degree.

A person commits the crime of rape in the second degree if he/she, being 16 years

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

than 16 and more than 12 years old, provided the actor is at least 2 years older than th e

other person.

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 and at least 2 years older than

[Insert Victim's name];

(4) [Insert Victim's name] was less than 16 and more 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 second degree, then you shall find the

defendant guilty of rape in the second 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 second degree, then you cannot find the defendant guilty of rape in

the second degree.

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

offenses at this point.