199x NDJI-CRIMINAL 2325

SEXUAL ASSAULT

(Minor Victim Fifteen (15) or Older)

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 a minor, fifteen (15) years of age or older, and the person is [the minor's parent, guardian, or is otherwise responsible for general supervision of the minor's welfare] [an adult].

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 charged:

(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) __________________ was a minor, fifteen (15) years of age or older, and the Defendant was then [____________'s parent, guardian, or was otherwise responsible for general supervision of ________________'s welfare] [an adult].

* * * * *

Use appropriate bracketed language.

NDCC 12.1-20-01; 12.1-20-07(1)(e)(f)

See NDJI-CRIM 2085 for an Affirmative Defense instruction to be used when there is evidence that the Defendant reasonably believed the victim to be an adult.