Del. P.J.I. Crim. No. 11.767

UNLAWFUL SEXUAL CONTACT IN THE THIRD DEGREE

In order to find Defendant guilty of Unlawful Sexual Contact in the Third

Degree, you must find the State has proved the following three (3) elements

beyond a reasonable doubt:

(1) Defendant [had sexual contact with a person/caused a person to have

sexual contact with (Defendant/another person)];

(2) Contact was [offensive to the person/occurred without the person’s

consent]; and

(3) Defendant acted intentionally.

“Intentionally” means it was Defendant’s conscious objective or purpose to

[have sexual contact with (victim)/cause (victim) to have sexual contact with

Defendant/cause (victim) to have sexual contact with another person].

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

breast, buttocks or genitalia, or Defendant intentionally touched the 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.

“Without consent” means Defendant compelled the person to submit by an

act of coercion, force or gesture, by threat of death, physical injury, pain or

kidnapping against the person or a third party; or by any other means that would

compel a reasonable person under the circumstances to submit. There is no

requirement that the person resist such force or threat to the utmost, or to resist if

resistance would be futile or foolhardy. The person is required to resist only to the

extent reasonably necessary to make the person’s resistance known to Defendant.

[Supplement definition as needed pursuant to § 761(j).]