Ala. Pattern Jury Instr. (Criminal) 13A-6-63(A)(1)_BEFORE_9-1-2019

Sodomy First Degree

(Forcible Compulsion)

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

The defendant is charged with sodomy in the first degree.

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

deviate sexual intercourse with another person by forcible compulsion.

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

elements:

(1) The defendant engaged in deviate sexual intercourse with [Insert Victim's

name];

(2) The defendant did so by forcible compulsion; (AND)

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

Note].

Deviate sexual intercourse means any act of sexual gratification involving the sex

organs of one person and the mouth or anus of another. [13A-6-60(2)]

Forcible compulsion is physical force that overcomes earnest resistance, or a

threat, express or implied, that places a person in fear of immediate death or serious

physical injury to himself/herself or another person. [13A-6-60(8)]

Serious physical injury is physical injury which creates a substantial risk of death,

or which causes serious and protracted disfigurement, protracted impairment of health,

or protracted loss or impairment of the function of any bodily organ. [13A-1-2(14)]

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

each of the above elements of sodomy in the first degree, then you shall find the

defendant guilty of sodomy 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 sodomy in the first degree, then you cannot find the defendant guilty of sodomy

in the first degree.

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

offenses at this point.]