(Impaired Power to Resist)
A person who willfully engages in a sexual act with another person, or who willfully causes another person to engage in a sexual act, is guilty of Gross Sexual Imposition, if the actor, or someone with the actor's knowledge, has substantially impaired the victim's power to appraise or control the victim's conduct by administering or employing without the victim's knowledge, intoxicants, a controlled substance or other means with intent to prevent resistance.
[Insert relevant definitions. NDCC 12.1-02-02 and NDJI 2500.]
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1. On or about [month][day][year] in ______________ County, North Dakota, the Defendant, _______________, willfully [engaged][caused ________________ to engage] in a sexual act with _____________________;
2. That [the Defendant][or][someone with the Defendant's knowledge] did so by substantially impairing __________________'s power to appraise or control his/her conduct by administering or employing, without the knowledge of _______________, [intoxicants, a controlled substance or other means] with intent to prevent resistance;
[3. That [in the course of the offense the Defendant inflicted serious bodily harm on __________][_____________ was less than fifteen (15) years old][the Defendant compelled _____________ to submit by force or by threat of imminent death, serious bodily injury, or kidnaping, to be inflicted upon ______________].]
Use appropriate bracketed language. Paragraph 3 should be used if a Class A Felony is charged.
NDCC 12.1-20-01(2); 12.1-20-02; 12-20-03(b)
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