199x NDJI-CRIMINAL 2324
(Persons in Custody or Institutionalized)
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 the other person is in official custody or detained in a hospital, prison or other institution, and the person has supervisory or disciplinary authority over the person in custody or institutionalized.
[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) ________________ was then in official custody or detained in a hospital, prison, or other institution, and the Defendant had supervisory or disciplinary authority over ________________.
the victim [.] [; and]
Use appropriate bracketed language.
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