A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of the crime of Sexual Abuse of Ward if the other person is in official custody or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary authority over the other person.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s Burden of proof is satisfied only 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 in a sexual act with _______________] [caused _______________ to engage in a sexual act];

2) _______________was then in official custody or detained in a hospital, prison, or other institution; and 3) The Defendant then had supervisory or disciplinary authority over _______________.

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

*****