11th Cir. Pattern Jury Instr. (Criminal) O79.3

Sexual Act with a Child Under 12

18 U.S.C. § 2241(c)

It’s a Federal crime for anyone within [the special maritime jurisdiction of

the United States] [the territorial jurisdiction of the United States] [a Federal

prison] to engage in a sexual act with a person younger than 12 years old.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly engaged in a sexual act with [victim’s

name];

(2) at the time, [the victim’s name] was younger than 12 years old;

and

(3) the acts occurred [within the special maritime jurisdiction of the

United States] [within the territorial jurisdiction of the United

States] [in a Federal prison].

The Government doesn’t have to prove that the Defendant knew that

[victim’s name] was younger than 12 years old.

The term “sexual act” means:

• contact between the penis and the vulva, or the penis and the anus,

involving penetration however slight; or

• contact between the mouth and the penis, the mouth and the vulva,

or the mouth and the anus; or

• the penetration – however slight – of another person’s anal or

genital opening by a hand, finger, or any object, with an intent to

abuse, humiliate, harass, or degrade the person, or to arouse or

gratify the sexual desire of the Defendant or any other person[.]

[;or]

• [an intentional touching – not through the clothing – of the

genitalia of a person, with the intent to abuse, humiliate, harass,

degrade the person, or to arouse or gratify the sexual desire of the

Defendant or any other person.]

[If you find beyond a reasonable doubt that the offense occurred at the

location alleged and described in the indictment, you are instructed that the

location would be [within the [special maritime] [territorial] jurisdiction of the

United States] [in a Federal prison.]