Ala. Pattern Jury Instr. (Criminal) 13A-6-65(A)(3)SEXUAL_MISCONDUCT_CONSENT_BY_USE_OF_FRAUD_SEXUAL_CONTACT

ALA.Code § 13A-6-65(a)(3)*

Sexual Misconduct

(Consent By Use of Fraud Sexual Contact)

*[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

contact 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 sexual contact 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).

Sexual contact is any touching of the sexual or other intimate parts of a person

done for the purpose of gratifying the sexual desire of either party. The term does not

require skin to skin contact. [13A-6-60(3)]

Fraud is an intentional perversion of truth for the purpose of inducing another in

reliance upon it to part with some valuable thing belonging to him or to surrender a legal

right; a false representation of a matter of fact, whether by words or by conduct, by false

or misleading allegations, or by concealment of that which should have been disclosed,

which deceives and is intended to deceive another so that he shall act upon it to his legal

injury. Black’s Law Dictionary (Rev. 4th ed.)

[Read as appropriate]: Insert instructions for Sexual Abuse I and II and

Sexual Abuse of Child Under 12.

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.]