ICJI 922

In order for the defendant to be guilty of Sexual Abuse of a Child, the State must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] [solicited [name or initials of child] to participate in a sexual act] [or] [caused or had sexual contact with [name or initials of child] not amounting to lewd conduct]] [or] [induced, caused or permitted [name of child] to witness an act of sexual conduct],

4. the defendant was eighteen (18) years of age or older,

5. [name or initials of child] was under sixteen (16) years of age, and

6. the defendant did such act with the specific intent to gratify the lust, passions, or sexual desire of the defendant, of such child, or of some other person.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.

Comment

I.C. § 18–1506.

Sexual Abuse, I.C. § 18–1506, is not a lesser included offense of Lewd Conduct, I.C. § 18–1508.

State v. Flegel, 151 Idaho 525, 526, 261 P.3d 519, 520 (2011).