Ala. Pattern Jury Instr. (Criminal) 13A-6-81

School Employee Engaging in a Sex Act or Deviant Sexual Intercourse

with a Student Under 19

The Defendant is charged with being a school employee engaging in a sex act or

deviant sexual intercourse with a student under the age of 19.

A person commits the crime of being a school employee engaging in a sex act or

deviant sexual intercourse with a student under the age of 19 years if he/she is a school

employee and engages in a sex act or deviant sexual in tercourse with a student,

regardless of whether the student is male or female.

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

elements:

(1) The defendant was a school employee;

(2) [Insert Victim’s name] was a student under the age of 19 years old;

(3) The defendant engaged in a sex act or deviant sexual intercourse with

[Insert name of Victim]; (AND)

(4) The defendant acted [Insert appropriate mens rea element - See Use

Note].

School employee includes a teacher, school administrator, student teacher, safety

or resource officer, coach, and other school employee. [13A-6-80]

Sex act means sexual intercourse with any penetration, however slight; emission

is not required. [13A-6-81(b)]

Deviant sexual intercourse means 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-6-81(c)]

Consent is no defense to a prosecution for this offense. [13A-6-81(a)]

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

each of the above elements of being a school employee engaging in a sex act or deviant

sexual intercourse with a student under the age of 19, then you shall find the defendant

guilty of being a school employee engaging in a sex act or deviant sexual intercourse with

a student under the age of 19.

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

offense of being a school employe e engaging in a sex act or deviant sexual intercourse

with a student under the age of 19, then you cannot find the defendant guilty of being a

school employee engaging in a sex act or deviant sexual intercourse with a student under

the age of 19.

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

offenses at this point.]