1985 NDJI-CRIMINAL

2323

SEXUAL ASSAULT

(Impaired Power to Resist)

A person who knowingly [has sexual contact with another] [or] [causes another person to have sexual contact with that person] is guilty of Sexual Assault if that person [or someone with that person's knowledge] has substantially impaired the other person's power to appraise or control the other person's conduct, by administering or employing without the other person's knowledge, intoxicants or other means for the purpose of preventing resistance.

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] [caused ________________ to have sexual contact with the Defendant]; and

(2) The Defendant [or someone with the Defendant's knowledge], substantially impaired _____________'s power to appraise or control _____________'s conduct by administering or employing without _____________'s knowledge, intoxicants or other means for the purpose of preventing resistance.

* * * * *

Use appropriate bracketed language.

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

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