11th Cir. Pattern Jury Instr. (Criminal) O80

18 U.S.C. § 2243(a)

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

the United States] [within the territorial jurisdiction of the United States] [in a

Federal prison] to engage in a sexual act with a person who is at least 12 years old

but younger than 16 years old, and who is at least four years younger than the

person engaging in the conduct.

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 [the person

named in the indictment];

(2) at the time, [the person with whom Defendant engaged in the

sexual act] was at least 12 years old but less than 16 years old;

(3) at the time, [the person with whom Defendant engaged in the

sexual act] was at least four years younger than the defendant; and

(4) 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 does not need to prove that the Defendant knew the

victim’s age or knew what the requisite age difference was.

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 younger, with the intent to abuse, humiliate, harass, or

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 crime occurred at the

location described in the indictment, that location is [within the [special maritime]

[territorial] jurisdiction of the United States] [in a federal prison].

[The defense asserts that although the Defendant may have committed the

acts charged in the indictment, the Defendant [reasonably believed that [the person

named in the indictment] was 16 years or older at the time of the acts charged in

the indictment] [and that [he] [she] and [the person named in the indictment] were

married to each other]. The Defendant has to prove, by a preponderance of the

evidence, that [he] [she] [reasonably believed that [the person named in the

indictment] was 16 years or older at the time of the acts charged in the indictment

[and that [he] [she] and [the person named in the indictment] were married to each

other at the time of the acts charged in the indictment]. This is sometimes called

the burden of proof or burden of persuasion. A preponderance of the evidence

simply means an amount of evidence that is enough to persuade you that the

Defendant's claim is more likely true than not true. If you find that the Defendant

has met this burden of proof, then you should find the Defendant not guilty of

Count _____, Sexual Abuse of a Minor.]