Ala. Pattern Jury Instr. (Criminal) 13A-6-71(A)

Engaging in Sex Act with Foster Child

The defendant is charged with engaging in a sex act with a foster child.

A person commits the crime of engaging in a sex act with a foster child if he/she is

a foster parent and engages in sexual intercourse or deviant sexual intercourse with a

foster child under the age of 19 years who is under his/her care or supervision.

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

elements:

(1) The defendant was a foster parent;

(2) The victim was a foster child under the age of 19 years;

(3) The victim was under the care or supervision of the defendant;

(4) The defendant engaged in sexual intercourse or deviant sexual intercourse

with the foster child; (AND)

(5) The defendant acted [Insert appropriate mens rea element – see use note].

A Foster Parent is an individual approved or licensed by the Department of Human

Resources or other child placing agencies who provides care and supervision to a foster

child under the temporary or permanent custody of the department. [13A-6-71(e)]

A Foster Child is any person under 19 years of age, a person under the continuing

jurisdiction of the juvenile court pursuant to §12-15-32, or a person under 21 years of age

in foster care as defined by the Department of Human Resources. [Alabama Department

of Human Resources, Social Services Division, Administrative Code, Chapter 660-5-

29.1(c)(1)]

Sexual Intercourse has its ordinary meaning and occurs upon any penetration,

however slight; emission is not required. [13A-6-60(1)]

Deviate Sexual Intercourse is any act of sexual gratification between persons not

married to each other involving the sex organs of one person and the mouth or anus of

another. [13A-6-60(2)]

[Read as appropriate]: Consent is not a defense to this charge. [13A-6-71(d)]

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

each of the above elements of engaging in a sex act with a foster child, then you shall

find the defendant guilty of engaging in a sex act with a foster child.

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

offense of engaging in a sex act with a foster child, then you cannot find the defendant

guilty of engaging in a sex act with a foster child.

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

offenses at this point.]