Ala. Pattern Jury Instr. (Criminal) 13A-6-67(C)_ONORAFT9-1-2019

Ala. Code § 13A-6-67(c)*

Sexual Abuse Second Degree

(Victim 12-16; Age Difference At Least 15 Years)

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

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

being 19 years old or older, subjects to sexual contact another person who is less than

16 years old, but more than 12 years old and (he/she) is at least 15 years older than the

other person.

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 defendant was 19 years old or older at the time of the offense;

(3) The other person was less than 16 years old, but more than 12 years

old at the time of the offense;

(4) The defendant was at least 15 years older than the other person,

(Name of victim); (AND)

(5) 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)]

A person is deemed incapable of consent if (he/she) is less than 16 years

old. [13A-6-70(c)(2)]

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.]