ICJI 928

In order for the defendant to be guilty of Sexual Battery of a Child Sixteen or Seventeen Years of Age, the State must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. [the defendant [name] [committed [an act of] [genital-genital contact] [or] [oral-genital contact] [or] [anal-genital contact] [or] [oral-anal contact] [or] [manual-anal contact] [or] [manual-genital contact] [or] [any other] [a] [lewd or lascivious act] upon or with the body of [name or initials of victim],][or]

[the defendant [name] involved [name or initials of victim] in [sexual intercourse] [or] [erotic fondling] [or] [erotic nudity] [or] [masturbation] [or] [sadomasochism] [or] [sexual excitement] [or] [bestiality],]

[or]

[the defendant [name] solicited [name or initials of victim] to participate in a sexual act,]

[or]

[the defendant [name] caused or had sexual contact with [name or initials of victim],]

1. the defendant engaged in such conduct with the specific intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of the defendant, of such child, or of some other person,

2. [name or initials of victim] was [16] [or] [17] years of age, and

3. the defendant was at least 5 years of age older than [name or initials of victim].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. § 18–1508A.

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