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

Ala. Code § 13A-6-65(a)(2)*

Sexual Misconduct

(Nonconsensual

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 without (his/her) consent, under circumstances other

than those covered by Sodomy 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 sodomy 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 Sodomy I and II (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.]