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

SEXUAL ABUSE OF A CHILD BY A PERSON IN A

POSITION OF TRUST, AUTHORITY OR SUPERVISION

IN THE SECOND DEGREE [SOLICITATION]

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 six (6) elements beyond a reasonable

doubt:

(1) Defendant suggested, requested, commanded, or otherwise attempted to

induce a child to have sexual contact, intercourse, or penetration with Defendant

or another person;

(2) Defendant knew such conduct would likely cause annoyance, affront,

offense, or alarm to the child;

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

(4) The child had not reached their sixteenth (16) birthday;

(5) 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; and

(6) Defendant acted knowingly.

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.

“Knowingly” means Defendant was aware Defendant suggested, requested,

commanded, or otherwise attempted to induce a child to have sexual contact,

intercourse, or penetration with Defendant or another person.

“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.

“Sexual contact” means intentional touching, causing touching, 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.