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 [knows] [has reasonable cause to believe] that the other person is unaware that a sexual act is being committed.

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 _______________; and

2) The Defendant did so [knowing] [having reasonable cause to believe] that _______________ was unaware that a sexual act was being committed[.] [; and]

[3) In the course of the offense, the Defendant inflicted serious bodily injury on ______________.]

[4) 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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