Ala. Pattern Jury Instr. (Criminal) 13A-6-67(A)(1)_ONORAFT_9-1-2019

Ala. Code § 13A-6-67(a)(1)*

Sexual Abuse Second Degree

(Incapable of Consent)

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

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

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

subjects to sexual contact another person who is incapable of consent by reason of

some factor other than being less than 16 years old.

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), to sexual contact;

(2) The other person, (Name of victim), was incapable of consent by

reason of some factor other than being less than 16 years old (Describe

factor);(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)]

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 second degree, then you

shall find the defendant guilty of sexual abuse in the second degree.

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 abuse in the second degree, then you cannot

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

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

those offenses at this point.]