Ala. Pattern Jury Instr. (Criminal) 13A-6-88(A)(2)

CLERGY MEMBER SOLICITING OBSCENE MATERIAL FROM A CHILD

The defendant is charged with being a clergy member soliciting

obscene materials from a child.

A person commits the crime of being a clergy member soliciting

obscene material from a student if he/she solicits, by any means, obscene

matter that depicts sexual intercourse, sexual excitement, masturbation,

breast nudity, genital nudity, or other sexual conduct from 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 solicited, 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 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)].

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 clergy member soliciting

obscene materials from a child, then you shall find the defendant guilty of

being a clergy member soliciting obscene materials from 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 soliciting obscene

materials from a child, then you cannot find the defendant guilty of being a

clergy member soliciting obscene materials from a child.

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

offenses at this point.]