199X

NDJI-CRIMINAL 2322

SEXUAL ASSAULT

(Mental Disease or Defect)

A person who knowingly [has sexual contact with another] [or] [causes another to have sexual contact with that person] is guilty of Sexual Assault if that person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect that renders the other person incapable of understanding the nature of that other person's conduct.

DEFINITIONS

[Insert relevant definitions. NDCC 12.1-02-02 and 12.1-20-02.]

ESSENTIAL ELEMENTS OF OFFENSE

The State's burden of proof is satisfied only if the evidence shows, beyond a reasonable doubt, the following essential elements of the offense:

(1) On or about [month][day][year] in _______________ County, North Dakota, the Defendant, ________________, knowingly [had sexual contact with _____________]; [caused ___________ to have sexual contact with the Defendant]; and

(2) The Defendant then knew or had reasonable cause to believe that ______________ suffered from a mental disease or defect that rendered ___________________ incapable of understanding the nature of ____________'s conduct.

* * * * *

Use appropriate bracketed language.

NDCC 12.1-20-07(1)(b)

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