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

Ala. Code § 13A-6-65(a)(3)*

Sexual Misconduct (Sexual

Contact Without Consent)

*[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 without (his/her) consent under circumstances other than

those under Sexual Abuse I and II and Sexual Abuse of Child Under 12.

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 without (Name of victim)’s consent;

(3) The defendant did so under circumstances other than

those under Sexual Abuse I and II and Sexual Abuse of Child Under

12 (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)]

[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.]