Ala. Pattern Jury Instr. (Criminal) 13A-6-63(A)(2)

Sodomy First Degree

(Incapable of Consent)

*[These instructions apply only to offenses committed on or after 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 sodomy with a person who is incapable of consent by reason of

being physically helpless or mentally incapacitated.

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

the following elements:

(1) The defendant engaged in sodomy 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].

Sodomy means any sexual act involving the genitals of one person

and the mouth or anus of another person. [13A-6-60(5)]

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 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 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 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.]