• 2007 - Gross Sexual Imposition(Mental Disease or Defect) (Sexual Act)
  • K-7.14
    • Capacity
    • Mental Disease Or Defect
    • Rape
    • Sexual Offenses
    • Sex Crimes
    • Sex Crimes

  • 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 actor knows or has reasonable cause to believe that the other person suffers from a mental disease or defect that prevents understanding the nature of the conduct.

     

    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 then knew or had reasonable cause to believe that suffered from a mental disease or defect that prevented understanding the nature of the conduct[.] [; 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 12.1-01-04, 12.1-02-02, 12.1-20-02.]


    *****

    • 12.1-20-01(2)
    • 12.1-20-03(1)(e)
  • Notes: Paragraph 3 or paragraph 4 should be used if a class AA felony is charged.