Ala. Pattern Jury Instr. (Criminal) 13A-6-68

Indecent Exposure

The defendant is charged with indecent exposure.

A person commits the crime of indecent exposure if, with intent to arouse or gratify

sexual desire of himself/herself or of any person other than his/her sp ouse, he/she

exposes his/her genitals under circumstances in which he/she knows his/her conduct is

likely to cause affront or alarm in any public place or on the private premises of another

or so near thereto as to be seen from such private premises.

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

elements:

(1) The defendant exposed his/her genitals;

(2) The defendant did so under circumstances in which he/she knew his/her

conduct was likely to cause affront or alarm;

(a) In a public place [Describe];

(b) On the private premises of another [Describe]; (OR)

(c) So near the private premises of another as to be seen from such

private premises [Describe]; (AND)

(3) The defendant acted with intent to arouse or gratify sexual desire of

himself/herself or of a person other than his/her spouse.

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense when his/her pur pose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense he/she is aware that his/her conduct is of that nature or

that the circumstance exists. [13A-2-2(2)]

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

each of the above elements of indecent exposure, then you shall find the defendant guilty

of indecent exposure.

If you find that the State has failed to prove any one or more of the elements of the

offense of indecent exposure, then you cannot find the defendant guilty of indecent

exposure.

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

offenses at this point.]

[Approved 9-2-15.]