A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition if that person compels another person to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being.

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 [engaged] [caused ___________ to engage] in a sexual act with _______________;

2) The Defendant did so by willfully compelling to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on , a human being[.] [; and]

[3) As a result of injuries sustained during the course of the offense, ____________________ died.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-20-02.]

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