ICJI 901

In order for the defendant to be guilty of Rape, the State must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] caused his penis to penetrate, however slightly, the [vaginal] [oral] [anal] opening of [name or initials of victim], [and][4. [name or initials of victim] was under the age of sixteen (16) years, the defendant was eighteen (18) years of age or older, and [name or initials of victim] was not lawfully married to the defendant.]

[or]

[4. [name or initials of victim] was sixteen (16) or seventeen (17) years of age, the defendant was three (3) years or more older than [name or initials of victim], and [name or initials of victim] was not lawfully married to the defendant].

[or]

[4. [name or initials of victim] was incapable of giving legal consent because of unsoundness of mind, due to any cause including, but not limited to, mental illness, mental deficiency, or developmental disability, whether temporary or permanent.]

[or]

[4. [name or initials of victim] resisted, but [name or initials of victim] resistance was overcome by force or violence]

[or]

[4. [name or initials of victim] was prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact.]

[or]

1. [[name or initials of victim] was prevented from resisting by the] [infliction] [attempted infliction] [or] [threatened infliction] [of bodily harm, accompanied by apparent power of execution.][or]

[4. [name or initials of victim] was unable to resist due to any intoxicating, narcotic, or anesthetic substance

[or]

[4. [name or initials of victim] was unconscious of the nature of the act. “Unconscious of the nature of the act” means incapable of resisting because of one of the following conditions:

1. [name or initials of victim] was unconscious or asleep; or

2. [name or initials of victim] was not aware, knowing, perceiving, or cognizant that the act occurred.][or]

[4. [name or initials of victim] submitted under the belief that the defendant was [name or initials of victim] spouse, and

1. such belief was induced by artifice, pretense, or concealment practiced by the defendant, with the intent to induce such belief.][or]

[4. [name of victim] submitted under the belief that the person committing the act was someone other than the defendant, and

5. such belief was induced by artifice, pretense, or concealment practiced by the defendant, with the intent to induce such belief]

[or]

[4. [name or initials of victim] submitted under the belief, instilled by the defendant, that if [she/he] did not submit, the defendant would [cause physical harm to some person in the future] [or] [cause damage to property] [or] [engage in other conduct constituting a crime] [or] [accuse any person of a crime] [or] [cause criminal charges to be instituted against[name or initials of victim]] [or] [expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.]

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.