Ala. Pattern Jury Instr. (Criminal) 13A-6-86

CLERGY MEMBER ENGAGING IN SEXUAL

INTERCOURSE OR SODOMY WITH CHILD

The defendant is charged with being a clergy member engaging in

sexual intercourse or sodomy with a child.

A person commits the crime of being a clergy member engaging in

sexual intercourse or sodomy with a child if he/she engages in sexual

intercourse or sodomy with a child.

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

the following elements:

(1) The defendant was a clergy member;

(2) [Insert Name of Victim] was a child;

(3) The defendant engaged in sexual intercourse or sodomy with [Insert

Name of Victim]; [AND]

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

Use Notes].

A child is a person under 19 years of age or a protected person under

22 years of age. [13A-6-85(1)]

A protected person is a person who has a developmental disability

attributable to an intellectual disability, autism, cerebral palsy, epilepsy, or

other disabling neurological condition that requires training or support similar

to that required by a person with an intellectual disability, if any of the

following apply:

(1) The disability originates before the person attains 22 years of age, the

disability can be expected to continue indefinitely, and the disability

constitutes a substantial handicap to the ability of the person to

function in society.

(2) If the disability is attributable to an intellectual disability, the condition is

manifested before the person attains 18 years of age, the disability can

be expected to continue indefinitely, and the disability constitutes a

substantial handicap to the ability of the person to function in society.

(3) The disability results in significant subaverage intellectual functioning

with concurrent deficits in adaptive behavior that are manifested during

the developmental period. [15-25-1(d)]

A clergy member is any of the following in a position of trust or

authority over the child: A duly ordained, licensed, or commissioned minister,

pastor, priest, rabbi, or practitioner of any bona fide established church or

religious organization or any person who regularly, as a vocation, devotes a

substantial portion of his or her time and abilities to the service of his or her

church or religious organization. [13A-6-85(2)].

Sexual intercourse has its ordinary meaning and occurs upon any

penetration, however slight; emission is not required. [13A-6-60(4)]

Sodomy is any sexual act involving the genitals of one person and the

mouth or anus of another person. [13A-6-60(5)]

Consent is no defense to a prosecution for this offense. [13A-6-86(a)]

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

reasonable doubt each of the elements of being a clergy member engaging in

sexual intercourse or sodomy with a child, then you shall find the defendant

guilty of being a clergy member engaging in sexual intercourse or sodomy

with a child.

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

any one or more of the elements of being a clergy member engaging in

sexual intercourse or sodomy with a child, then you cannot find the defendant

guilty of being a clergy member engaging in sexual intercourse or sodomy

with a child.

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

offenses at this point.]