Ala. Pattern Jury Instr. (Criminal) 13A-6-82.1(A)(1)

SCHOOL EMPLOYEE DISTRIBUTING OBSCENE MATERIAL TO A

STUDENT

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

08/01/2021]

The defendant is charged with being a school employee distributing

obscene materials to a student.

A person commits the crime of being a school employee distributing

obscene material to a student if he/she distributes, by any means, obscene

matter that depicts sexual intercourse, sexual excitement, masturbation,

breast nudity, genital nudity, or other sexual conduct to a student.

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;

(3) The defendant distributed, by any means obscene material that depicted:

(a) Sexual intercourse;

(b) Sexual excitement;

(c) Masturbation;

(d) Breast nudity;

(e) Genital nudity [OR]

(f) Other sexual conduct.

(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)]

Distribute means to import, export, sell, rent, lend, transfer possession

of or title to, display, exhibit, show, present, provide, broadcast, transmit,

retransmit, communicate by telephone, play, orally communicate or perform.

[13A-12-200.1(7)]

Material means any book, magazine, newspaper, printed or written

matter, writing, description, picture, drawing, animation, photograph, motion

picture, film, video tape, pictorial representation, depiction, image, electrical or

electronic reproduction, broadcast, transmission, telephone communication,

sound recording, article, device, equipment, matter, oral communication, live

performance, or dance. [13A-12-200.1(15)]

Obscene means that:

(1) The average person, applying contemporary community standards,

would find that the material, taken as a whole, appeals to the prurient

interest;

(2) The material depicts or describes, in a patently offensive way,

sexual conduct, actual or simulated, normal or perverted; [AND]

(3) A reasonable person would find that the material, taken as a whole,

lacks serious literary, artistic, political or scientific value.

[13A-12-190(13); 13A-12-200.1(17)]

Sexual Intercourse means intercourse, real or simulated, whether

genital-genital, oral -genital, anal -genital or oral -anal, whether between

persons of the same or opposite sex or between a human and an animal and

has its ordinary meaning and occurs upon any penetration, however slight;

emission is not required. [13A-6-60(4); 13A-12-190(7); 13A-12-200.1(23)]

Sexual Excitement is the condition of human male or female genitals

when in a state of stimulation. [13A-12-190(12)]

Masturbation is manipulation, by hand or instrument, of the human

genitals, whether one’s own or another’s for the purpose of sexual

stimulation. [13A-12-190(7)]

Breast Nudity is the lewd showing of the post -pubertal human female

breasts below a point immediately above the top of the areola.

[13A -12-190(1); 13A-12-200.1(4)]

Genital Nudity is the lewd showing of the genitals or pubic area. [13A -

12-190(5); 13A-12-200.1(10)]

Sexual Conduct means:

(1) Any act of sexual intercourse, masturbation, urination, defecation, lewd

exhibition of the genitals, sado- masochistic abuse, bestiality, or the

fondling of the sex organs of animals; [OR]

(2) Any other physical contact with a person's unclothed genitals, pubic

area, buttocks, or the breast or breasts of a female, whether alone or

between members of the same or opposite sex or between a human

and an animal, in an act of sexual stimulation, gratification or

perversion.

[13A-12-190(8); 13A-12-200.1(22)]

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

reasonable doubt each of the elements of being a school employee

distributing obscene materials to a student, then you shall find the defendant

guilty of being a school employee distributing obscene materials to a student.

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 distributing

obscene materials to a student, then you cannot find the defendant guilty of

being a school employee distributing obscene materials to a student.

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

offenses at this point.]