Del. P.J.I. Crim. No. 11.778A(1)

SEXUAL ABUSE OF A CHILD BY A PERSON IN A

POSITION OF TRUST, AUTHORITY OR SUPERVISION

IN THE SECOND DEGREE [SEXUAL CONTACT]

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 Second Degree, you must

find the State has proved the following four (4) elements beyond a reasonable

doubt:

(1) Defendant engaged in sexual contact with a child, or caused a child to

have sexual contact with another person;

(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; 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 intercourse with the child.

“Sexual contact” means intentional touching, causing touching, or allowing

touching of another’s anus, breast, buttocks, or genitalia under circumstances, as

viewed by a reasonable person, is intended to be sexual in nature. Sexual contact

includes touching when covered by clothing. .