Ala. Pattern Jury Instr. (Criminal) 13A-6-65(A)(1)N_CONSENSUAL_SEXUAL_INTERCOURSE

Ala. Code § 13A-6-65(a)(1)*

Sexual Misconduct

(Nonconsensual Sexual

Intercourse)

*[These instructions apply only to offenses committed on or after 9/1/2019]

The defendant is charged with sexual misconduct.

A person commits the crime of sexual misconduct if (he/she) engages in sexual

intercourse with another person without (his/her) consent, under circumstances other

than those covered by Rape I and II.

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

following elements:

(1) The defendant, (Name of defendant), engaged in sexual

intercourse

with the victim, (Name of victim);

(2) The defendant did so without (Name of victim)’s consent;

(3) The defendant did so under circumstances other than those covered

by Rape I and II (Describe); (AND)

(4) 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(4)]

[Read as appropriate]: Insert instructions for Rape I and II.

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

doubt each of the above elements of sexual misconduct, then you shall find the

defendant guilty of sexual misconduct.

If you find that the State has failed to prove any one or more of the elements of

the offense of sexual misconduct, then you cannot find the defendant guilty of sexual

misconduct.

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

those offenses at this point.]