Ala. Pattern Jury Instr. (Criminal) 13A-6-82(A)_UNDER19

SCHOOL EMPLOYEE HAVING SEXUAL CONTACT WITH A STUDENT

(Under Age of 19)

* [These instructions apply only to offenses committed on or after

09/01/2019]

The defendant is charged with being a school employee having sexual

contact with a student under the age of 19.

A person commits the crime of being a school employee having sexual

contact with a student under the age of 19 if he/she is a school employee and

engages in sexual contact 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 Name of Victim] was a student under the age of 19 years old

at the time of the offense;

(3) The defendant engaged in sexual contact with [Insert Name of Victim];

[AND]

(4) The defendant acted [Insert Appropriate Mens Rea Element –

See Use Notes].

A school employee includes a teacher, school administrator, student

teacher, safety or resources officer, coach, and other school employee. [13A -

6-80(a)]

A student is any person under the age of 19 years enrolled or

attending classes in a licensed or accredited public, private, or church school

that offers instruction in grades K -12, regardless of whether school is in

session. [13A-6-80(b)]

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)]

Consent is no defense to a prosecution for this offense. [13A-6-82(a)]

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

reasonable doubt each of the elements of being a school employee having

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

defendant guilty of being a school employee having sexual contact with a

student under the age of 19.

If you find that the State has failed to prove beyond a reasonable doubt

any one or more of the elements of being a school employee having sexual

contact with a student under the age of 19, then you cannot find the

defendant guilty of being a school employee having sexual contact with a

student under the age of 19.

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

offenses at this point.]