CJI2d[NY] Penal Law § 130.80 (1) (b)

The (specify) count is Course of Sexual Conduct Against a Child in the Second Degree.

Under our law, a person is guilty of Course of Sexual Conduct Against a Child in the Second Degree when, over a period of time not less than three months in duration, he or she, being eighteen years or more, engages in two or more acts of sexual conduct with a child less than thirteen (13) years old.

Under our law, it is also an element of this offense that the sexual conduct was committed without the consent of such child.¹ Sexual conduct takes place without a child’s consent when that child is deemed by law to be incapable of consent. Under our law, a child is deemed incapable of consenting to sexual conduct when he or she is less than thirteen (13) years old.² Thus, the law deems sexual conduct with such child to be without that child’s consent, even if in fact that child did consent.

It is not a defense to this charge that the actor did not know that the person with whom the actor engaged in sexual conduct was less than thirteen (13) years old, or that the actor believed that such person was thirteen (13) years old or more on the date of the crime. ³

The following term used in the definition of the crime has a special meaning:

SEXUAL CONDUCT means:

Select relevant alternative(s):

vaginal sexual contact,

oral sexual contact,

anal sexual contact,

aggravated sexual contact, or

sexual contact.⁴

Select relevant alternative(s):

VAGINAL SEXUAL CONTACT means conduct between persons consisting of contact between the penis and the vagina or vulva. ⁵

ORAL SEXUAL CONTACT means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.⁶

ANAL SEXUAL CONTACT means conduct between persons consisting of contact between the penis and anus.⁷

AGGRAVATED SEXUAL CONTACT means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.⁸ Physical injury means impairment of physical condition or substantial pain.⁹

SEXUAL CONTACT means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, [as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed] ¹⁰

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That over a period of time not less than three months in duration, namely, on or about and between (dates), in the county of (County) , the defendant, (name of defendant) , being eighteen (18) years old or more, engaged in two or more acts of sexual conduct with (name of complainant) ; and

2. That (name of complainant) was less than thirteen (13) years old.

If you find the People have proven beyond a reasonable

doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.