A person who willfully performs a deviate sexual act with the intent to arouse or gratify sexual desire is guilty of a Deviate Sexual Act.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied 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, _______________, willfully performed a sexual act with a[n] [animal] [bird] [dead person]; and

2) In doing so the Defendant willfully touched the sexual or other intimate part of the [animal] [bird] [dead person] with the intent to arouse or gratify the Defendant's sexual desire.

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

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