A person who knowingly [has sexual contact with another] [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.

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:

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.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]

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