11th Cir. Pattern Jury Instr. (Criminal) O81.2

Sexual Contact with Child Under 12

18 U.S.C. §§ 2244(a)(3) and 2244(c)

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] [in a prison, institution, or facility in which people are held in

custody by direction of or under a contract or agreement with the head of any

Federal department or agency] to [engage in sexual contact with a person who is

less than 12 years old] [cause sexual contact with or by a person who is less 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 sexual contact with [the

person named in the indictment]] [knowingly caused sexual

contact with or by [the person named in the indictment]];

(2) at the time, [the person named in the indictment] was less 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] [in a prison, institution, or facility in

which people are held in custody by direction of or under a

contract or agreement with the head of any Federal department or

agency].

The Government does not need to prove that the Defendant knew the

victim’s age.

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, 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 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.] [in a prison, institution, or facility in which

people are held in custody by direction of or under a contract or agreement with the

head of any Federal department or agency.]