MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 2804
Touching a Mentally Defective, Mentally Incapacitated, or Physically Helpless Person to Satisfy Sexual Desires or Lust
[Name of defendant] is charged in count ___ with touching a mentally defective, mentally
incapacitated, or physically helpless person in order to satisfy [his/her] sexual desires or lust.
If you find beyond a reasonable doubt from the evidence in this case that:
1. On or about [date of alleged crime], in ____________ County;
2. [Name of defendant] was 18 years old or older; and
3. [Name of defendant] unlawfully [touched/handled/rubbed] [name of victim] with [his/her]
____________ [specify the part of the defendant’s body used to touch the victim] in order to
satisfy [name of defendant]’s sexual desires or lust; and
4. When [name of defendant] unlawfully [touched/handled/rubbed] [name of victim] with
[his/her] ____________ [specify the part of the defendant’s body used to touch the victim] in
order to satisfy [name of defendant]’s sexual desires or lust, [name of victim] was a
____________ [specify (1) mentally defective, (2) mentally incapacitated, or (3) physically
helpless] person,
then you shall find [name of defendant] guilty as charged.
If the State did not prove any one of the above listed elements beyond a reasonable doubt,
then you shall find [name of defendant] not guilty of count _____.
Definition(s) in this Instruction:
In this instruction, “mentally defective person” means a person who suffers from a mental
disease, defect, or condition which makes [him/her] temporarily or permanently unable of
understanding [his/her] conduct.
In this instruction, “mentally incapacitated person” means a person who is unable of
knowing or controlling [his/her] conduct, or is unable to resist an act due to the effects of a drug,
narcotic, anesthetic, or other substance given to that person without [his/her] consent.
In this instruction, “physically helpless person” means a person who is unconscious or
unable to communicate that [he/she] is not willing to engage in an act.
History
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 2804 (current as of June 30, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9ef95f330e5cde5883309cf3bf1392f3510ef24c1e8f3838ebd6a0979ba12865
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