9th Cir. Model Jury Instr. (Criminal) 20.4

The defendant is charged in [Count _______ of] the indictment with attempted aggravated sexual abuse in violation of Section 2241(b)(2) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant intended to engage in a sexual act with [name of victim] after substantially impairing [name of victim]’s ability to judge or control conduct by administering a drug, intoxicant, or other similar substance either by force or threat of force or without the knowledge or permission of [name of victim];

Second, the defendant did something that was a substantial step toward committing the crime of aggravated sexual abuse.

Third, the offense was committed at [specify place of federal jurisdiction].

In this case, “sexual act” means [specify statutory definition].

A “substantial step” is conduct that strongly corroborated the defendant’s intent to commit the crime. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward committing the crime.

Jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of a crime.