NY · jury_instructions
CJI2d[NY] Penal Law § 130.91(1)
SEXUALLY MOTIVATED FELONY
The (specify) count is Sexually Motivated Felony.
Under our law, a person is guilty of Sexually Motivated Felony when he or she commits (name specifed offense¹) for the purpose², in whole or substantial part, of his or her own direct sexual gratification.
Under our law, a person commits the offense of (name specified offense) when:
[Here, cross-reference to the applicable definition in a previously explained count, or now read statutory definition of applicable offense and any defined terms and applicable charges as set forth in CJI2d for that offense.]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in this case, beyond a reasonable doubt, both of the following two elements:
1. That on or about (date) , in the county of (county) , the defendant, (name of defendant) , committed the crime of ( specified offense); and
2. That the defendant did so for the purpose, in whole or substantial part, of his/her own direct sexual gratification.
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.
History
Caption: SEXUALLY MOTIVATED FELONY Penal Law § 130.91(1) (Committed on or after April 14, 2007). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
5bf9e9d38b267bf2241af9ee7c3d85e3bfa94f5efebdf4c07f695d2b49170026
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