Ala. Pattern Jury Instr. (Criminal) 13A-6-66(A)(1)_ONORAFT_9-1-2019

Ala. Code § 13A-6-66 (a)(1)*

Sexual Abuse First Degree

(Forcible Compulsion)

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

The defendant is charged with sexual abuse in the first degree.

A person commits the crime of sexual abuse in the first degree if (he/she) subjects

another person to sexual contact by forcible compulsion.

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

elements:

(1) The defendant, (Name of defendant), subjected another person, (name

of victim name), to sexual contact;

(2) The defendant did so by forcible compulsion; (AND)

(3) The defendant acted [Insert appropriate mens rea element—see Use

Note].

Sexual contact means 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)]

Forcible compulsion is the use or threatened use, whether express or implied, of

physical force, violence, confinement, restraint, physical injury, or death to the threatened

person or to another person. Factors to be considered in determining an implied threat

include, but are not limited to, the respective ages and sizes of the victim and the accused;

the respective mental and physical conditions of the victim and the accused; the

atmosphere and physical setting in which the incident was alleged to have taken place;

the extent to which the accused may have been in a position of authority, domination, or

custodial control over the victim; or whether the victim was under duress. Forcible

compulsion does not require proof of resistance by the victim. [13A-6-60(1)]

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

doubt each of the above elements of sexual abuse in the first degree, then you shall

find the defendant guilty of sexual abuse in the first degree.

If you find from the evidence that the State has failed to prove any of one or

more of the elements of the offense of sexual abuse in the first degree, then you

cannot find the defendant guilty of sexual abuse in the first degree.

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

those offenses at this point.]