5th Cir. Pattern Jury Instr. (Criminal) 2.82B

18 U.S.C. § 2242(2)

Title 18, United States Code, Section 2242(2), makes it a crime for anyone to engage in a

sexual act with another person if that person is incapable of appraising the nature of the conduct,

incapable of declining to participate in the sexual act, or incapable of communicating

unwillingness to engage in the sexual act.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant knowingly engaged in a sexual act with ______________ (name

of alleged victim);

Second: That ______________ ( name of alleged victim ) was incapable of appraising the

nature of the conduct [physically incapable of declining participation in that sexual act] [physically

incapable of communicating unwillingness to engage in that sexual act];

Third: That the defendant knew that ______________ ( name of alleged victim ) was

incapable of appraising the nature of the conduct [physically incapable of declining participation

in that sexual act] [physically incapable of communicating unwillingness to engage in that sexual

act]; and

Fourth: The offense was committed within the special maritime and territorial jurisdiction

of the United States [in a federal prison] [in a prison, institution, or facility in which persons are

held in custody by direction of or pursuant to a contract or agreement with the head of any federal

department or agency].

The term “sexual act” means: (A) contact between the penis and the vulva or the penis and

the anus, occurring upon penetration, however slight; (B) contact between the mouth and the penis,

the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the

anal or genital opening of another by a hand or finger or by any object, with an intent to abuse,

humiliate, hara ss, degrade, or arouse or gratify the sexual desire of any person; or (D) the

intentional touching, not through the clothing, of the genitalia of another person who has not

attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify

the sexual desire of any person.