Del. P.J.I. Crim. No. 11.778(2)

SEXUAL ABUSE OF A CHILD BY A PERSON

IN A POSITION OF TRUST, AUTHORITY

OR SUPERVISION IN THE FIRST DEGREE [PENETRATION]

In order to find Defendant guilty of a Sexual Offender Unlawful Sexual

Conduct Against a Child, you must find the State proved the following four (4)

elements beyond a reasonable doubt:

(1) Defendant engaged in sexual penetration with [victim];

(2) Defendant stood in a position of trust, authority, or supervision over the

child, or was a(n) invitee or designee of person who stood in a position of trust,

authority, or supervision over the child;

(3) The child was less than sixteen (16) years of age at the time of the

charged offense; and

(4) Defendant acted intentionally.

It is no defense to the charge of Dangerous Crime Against a Child that

Defendant did not know the child’s age at the time of the crime or reasonably

believed the child had reached their sixteenth (16) birthday or was not younger

than sixteen (16) at the time of the crime.

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

engage in sexual penetration with 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.