Del. P.J.I. Crim. No. 11.763(2)

SEXUAL HARASSMENT [SOLICITATION]

In order to find Defendant guilty of Sexual Harassment, you must find the

State has proved the following three (3) elements beyond a reasonable doubt:

(1) Defendant suggested, requested, commanded or attempted to induce a

person to have [sexual contact/sexual intercourse/unlawful sexual penetration]

with Defendant;

(2) Defendant was aware Defendant’s comments would cause annoyance,

offense, or alarm to the person; and

(3) Defendant acted knowingly.

“Unlawful” means contrary to law or not permitted by law. It does not mean

wrongful or immoral.

“Knowingly” means Defendant was aware the conduct was practically

certain to annoy, offend, or alarm a person.

"Sexual contact" means Defendant intentionally touched a person’s anus,

breast, buttocks or genitalia, or Defendant intentionally touched a person with

Defendant’s anus, breast, buttocks or genitalia, and a reasonable person, under the

circumstances, would find the touching was intended to be sexual in nature.

“Sexual contact” includes touching through clothing. Sexual gratification is not

required.

“Sexual intercourse” means any act of physical union of a person’s genitalia

or anus with another person’s mouth, genitalia or anus. Ejaculation is not required.

“Sexual intercourse” occurs upon any penetration, however slight. The term

“sexual intercourse” also includes any act of cunnilingus or fellatio, regardless of

whether penetration or ejaculation occurs. “Sexual intercourse” encompasses the

crimes commonly known as rape and sodomy.

“Cunnilingus” means any oral contact with the female genitalia.

“Fellatio” means any oral contact with the male genitalia.

“Sexual penetration” means: (1) Defendant’s placement of any object inside

a person’s anus or vagina; or (2) Defendant’s placement of Defendant’s genitalia or

any sexual device inside a person’s mouth.