N.C.P.I.—Crim. 207.98

The defendant has been charged with engaging in sexual [contact]

[penetration] with an incapacitated patient.

For you to find the defendant guilty of this offense, the state must

prove three things beyond a reasonable doubt:

First, that the defendant undertook medical treatment of a patient.

Medical treatment includes an examination or procedure. A patient is a

person who has undergone or is seeking to undergo medical treatment.

Second, that, in the course of that medical treatment, the

defendant engaged in sexual [contact] [penetration] with the patient.

[Sexual contact is the intentional touching of a person's intimate

parts or the intentional touching of the clothing covering the immediate

area of the person's intimate parts, if that intentional touching can

reasonably be construed as being for the purpose of sexual arousal or

gratification, done for a sexual purpose, or done in a sexual manner.]

[Sexual penetration is [sexual intercourse] [cunnilingus] [fellatio]

[anal intercourse] [any intrusion, however slight, of any part of a

person's body or of any object into the genital or anal openings of

another person's body, regardless of whether semen is emitted, if that

intrusion can reasonably be construed as being for the purpose of sexual

arousal or gratification, done for a sexual purpose, or done in a sexual

manner.]

And Third, that the defendant engaged in this sexual [contact]

[penetration] with the patient while the patient was incapacitated. A

patient is incapacitated if the patient is incapable of appraising the

nature of a medical treatment, either because the patient is unconscious

or under the influence of an impairing substance.1

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant undertook medical treatment of a

patient, that in the course of that medical treatment the defendant

engaged in sexual [contact] [penetration] with the patient, and that the

defendant engaged in this sexual [contact] [penetration] with the

patient while the patient was incapacitated, it would be your duty to

return a verdict of guilty. If you do not so find, or have a reasonable

doubt as to one or more of these things, it would be your duty to return

a verdict of not guilty.