Del. P.J.I. Crim. No. 11.778(3)

of Trust, Authority or Supervision

[Victim 16 years of age to 18 years of age and

Defendant 4 years older than victim]

SEXUAL ABUSE OF A CHILD BY A PERSON

IN A POSITION OF TRUST, AUTHORITY OR

SUPERVISION IN THE FIRST DEGREE

[VICTIM 16 YEARS OF AGE TO 18 YEARS OF AGE AND

DEFENDANT 4 YEARS OLDER THAN VICTIM]

In order to find Defendant guilty of a Sexual Abuse of a Child by a Person in

a Position of Trust, Authority, or Supervision in the First Degree, you must find the

State has proved the following five (5) elements beyond a reasonable doubt:

(1) Defendant engaged in sexual intercourse or penetration with a child;

(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 at least sixteen (16) years of age but not yet eighteen (18)

years of age at the time of the charged offense

(4) Defendant was at least four (4) years older than the child; and

(5) 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 eighteenth (18) birthday or was not younger

than eighteen (18) at the time of the crime.

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

engage in sexual intercourse or penetration with the child.

“Sexual intercourse” means any act of physical union of a person’s genitalia

or anus with another person’s mouth, genitalia or anus. Ejaculation is not required.

“Sexual intercourse” occurs upon any penetration, however slight. Within the

meaning of this offense, “sexual intercourse” encompasses the crimes commonly

known as rape and sodomy. The term “sexual intercourse” also includes any act of

cunnilingus or fellatio, regardless of whether penetration or ejaculation occurs.

“Cunnilingus” means any oral contact with the female genitalia.

“Fellatio” means any oral contact with the male genitalia.

“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.