Ala. Pattern Jury Instr. (Criminal) 13A-6-69.1

Sexual Abuse of a Child Less Than 12 Years Old

The defendant is charged with sexual abuse of a child less than 12 years old.

A person commits the crime of sexual abuse of a child less than 12 years old if

he/she, being 16 years of age or older, subjects to sexual contact another person who is

less than 12 years old.

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 defendant was 16 years of age or older;

(3) [Insert Victim’s name] was less than 12 years old; (AND)

(4) 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)]

Consent is no defense to a prosecution for this offense. [13A-6-70(c)(1)]

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

each of the above elements of sexual abuse of a child less than 12 years old, then you

shall find the defendant guilty of sexual abuse of a child less than 12 years old.

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

offense of sexual abuse of a child less than 12 years old, then you cannot find the

defendant guilty of sexual abuse of a child less than 12 years old.

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

offenses at this point.]