Ala. Pattern Jury Instr. (Criminal) 13A-6-65(A)(2)SEXUAL_MISCONDUCT_CONSENT_BY_USE_OF_FRAUD_SODOMY

Ala. Code § 13A-6-65(a)(2)*

Sexual Misconduct (Consent

By Use of Fraud Sodomy)

*[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

sodomy with another person with (his/her) consent where consent was obtained by

the use of fraud or artifice.

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

following elements:

(1) The defendant (Name of defendant) engaged in sodomy with the

victim, (Name of victim);

(2) The defendant did so with (Name of victim)’s consent;

(3) The consent was obtained by the use of fraud or artifice (Describe);

(AND)

(4) The defendant acted (Insert appropriate mens rea element – See Use

Note).

Sodomy is any sexual act involving the genitals of one person and the mouth

or anus of another person. [13A-6-60(5).

[Read as appropriate]: Insert instructions for Sodomy 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 from the evidence 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.]