US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 20.9
Sexual Abuse—Incapacity of Victim (18 U.S.C. § 2242(2))
The defendant is charged in [Count _______ of] the indictment with sexual abuse in violation of Section 2242(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 knowingly engaged in a sexual act with [name of victim];
Second, [name of victim] was [incapable of appraising the nature of the conduct] [physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act]; and
Third, the offense was committed at [specify place of federal jurisdiction].
In this case, “sexual act” means [specify statutory definition].
[A person need not be physically helpless to be physically incapable of declining participation in or communicating unwillingness to engage in the sexual act.]
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
da02a627a8bce15c15a3fbf6c83af6b29bb841ad4851e82e50987a8a66d71d10
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.