Ala. Pattern Jury Instr. (Criminal) 13A-6-66(A)(2)

Sexual Abuse First Degree

(Incapable of Consent)

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

to sexual contact another person who is in capable of consent by reason of being

physically helpless or mentally incapacitated.

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

elements:

(1) The defendant subjected another person, [Insert Victim's name], to sexual

contact;

(2) The other person was incapable of consent by reason of being physically

helpless or mentally incapacitated; (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. [13A-6-60(3)]

[Read as appropriate] Physically helpless means that a person is unconscious or

for any other reason is physically unable to communicate unwillingness to an act. [13A -

6-60(7)]

[Read as appropriate] Mentally incapacitated means that a person is rendered

temporarily incapable of appraising or controlling his/her conduct owing to the influence

of a narcotic or intoxicating substance administered to him/her without his/her consent, or

to any other incapacitating act committed upon him/her without his/her consent. [13A -6-

60(6)]

Consent is no defense to a prosecution for this offense. [13A-6-70(c)(3)&(4)]

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 that the State has failed to prove any 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.]