Ala. Pattern Jury Instr. (Criminal) 13A-6-64(A)(1)_BEFORE_9-1-2019

Sodomy Second Degree

(Victim 12-16)

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

The defendant is charged with sodomy in the second degree.

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

years or older, engages in deviate sexual intercourse with another person who is less

than 16 and more than 12 years old.

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 was 16 years old or older;

(3) [Insert Victim's name] was less than 16 and more than 12 years old;

(AND)

(4) 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)]

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 sodomy in the second degree, then you shall find the

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

sodomy in the second degree.

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

offenses at this point.]