Ala. Pattern Jury Instr. (Criminal) 26-15-3

Child Abuse

The defendant is charged with child abuse.

A person commits the crime of child abuse if he/she is a responsible person and

tortures, willfully abuses, cruelly beats, or otherwise willfully maltreats a child under the

age of 18 years.

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

elements:

(1) The defendant was a responsible person, [describe]; (AND)

(2) The defendant: [Read as appropriate]

(A) Tortured;

(B) Willfully abused;

(C) Cruelly beat; (OR)

(D) Otherwise willfully maltreated;

(3) A child under the age of 18 years, [insert name].

A responsible person is a child's natural parent, stepparent, adoptive parent, legal

guardian, custodian, or any other person who has the permanent or temporary care or

custody or responsibility for the supervision of a child. [§ 26-15-2(4)]

A willful act is one done intentionally, knowingly, and purposely, without justifiable

excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or

inadvertently. Padgett v. State, 36 Ala. App. 355, 56 So. 2d 116 (1952)

A person acts intentionally with respect to a result or to conduct described by a statute

defining an offense, when his/her purpose is to cause that resul t or to engage in that

conduct. [§ 13A-2-2(1)]

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

each of the elements of child abuse, then you shall find the defendant guilty of child abuse.

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

more of the elements of chi ld abuse, then you cannot find the defendant guilty of child

abuse.

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

offenses at this point.]