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 the other person was less than fifteen (15)-years-old.
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) _______________was less than fifteen (15)-years-old; and
[3) In the course of the offense, the Defendant inflicted serious bodily injury on _______________.]
[4) The Defendant, , was more than five years older than _________________ at the time of the offense.]
[5) The Defendant , , was at least four but not more than five years older than ________________.]
[6) As a result of injuries sustained during the course of the offense, ________________ died.]
DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]
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