Del. P.J.I. Crim. No. 11.768

UNLAWFUL SEXUAL CONTACT IN THE SECOND DEGREE

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

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) The person was less than 18 years of age at the time of the charged

offense; and

(3) Defendant acted intentionally.

It is no defense to the charge of Unlawful Sexual Contact in the Second

Degree that Defendant did not know the person’s age at the time of the unlawful

sexual contact, or reasonably believed the person had reached their sixteenth

birthday or was not younger than sixteen (16) at the time of the unlawful sexual

contact.

“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 a another person].

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

breast, buttocks or genitalia; or Defendant intentionally touched a person’s with

Defendant’s anus, breast, buttocks or genitalia, where 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.