199x NDJI-CRIMINAL 2324

SEXUAL ASSAULT

(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.

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) ________________ 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.

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