Del. P.J.I. Crim. No. 11.769(a)(1)

UNLAWFUL SEXUAL CONTACT IN THE FIRST DEGREE

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

Degree, you must find the State has proved the following two (2) elements beyond

a reasonable doubt:

(1) Defendant committed Unlawful Sexual Contact in the [Second/Third]

Degree with [victim]; and

(2) Defendant [caused physical injury to (victim)/displayed to (victim)

what appeared to be a (deadly weapon/dangerous instrument)] [in the course of

committing the crime/during immediate flight after committing the crime/during

an attempt to prevent the reporting of the crime].

The State is not required to prove Defendant actually had or used a deadly

weapon while committing the crime. However, the State must prove Defendant

intentionally intimidated [victim], by threat, gesture, or deed, with what appeared

to the victim to be a deadly weapon.

“Dangerous instrument” means any instrument, article, or substance which,

under the circumstances in which it is used, attempted to be used, or threatened to

be used, is readily capable of causing death or serious physical injury.

“Deadly weapon” includes firearm, bomb, knife of any sort (other than an

ordinary pocket knife carried in a closed position), switchblade knife, billy,

blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain, ice pick or

any dangerous instrument which a person used, or tried to use, to cause death or

serious physical injury. For the purpose of this definition, an ordinary pocket knife

is a folding knife with a blade no longer than 3 inches.

"Physical injury" means any impairment of physical condition or substantial

pain.

"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.