Del. P.J.I. Crim. No. 11.772(a)(2)g

RAPE IN THE SECOND DEGREE

[PENETRATION OF VICTIM UNDER 12

BY DEFENDANT 18 OR OLDER]

In order to find Defendant guilty of Rape in the Second Degree, you must

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

doubt:

(1) Defendant engaged in sexual penetration with a person;

(2) The person was less than 12 years of age and Defendant was at least 18

years of age at the time; and

(3) Defendant acted intentionally.

By law, a child who has not yet reached their twelfth (12) birthday is

unable to consent to a sexual act under any circumstances.

It is no defense to the charge of Rape in the Second Degree that Defendant

did not know the child’s age at the time of the charged offense, or reasonably

believed the child had reached their twelfth (12)] birthday or was not younger than

twelve (12) at the time.

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

sexually penetrate the child.

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

the child’s anus or vagina; or (2) Defendant’s placement of Defendant’s genitalia or

any sexual device inside the child’s mouth.

“Object” means any item, device, instrument, substance or any part of the

body. It does not mean a medical instrument used by a licensed medical doctor or

nurse for the purpose of diagnosis or treatment.