MUJI 2d CR1604

(DEFENDANT'S NAME) is charged [in Count ___] with committing Unlawful Sexual Conduct with a 16 or 17 year old [on or about DATE]. You cannot convict [him][her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:

(DEFENDANT'S NAME);

Intentionally, knowingly, or recklessly:

[had sexual intercourse with (MINOR'S INITIALS);] or

[engaged in any sexual act with (MINOR'S INITIALS) involving the touching, however slight, of the genitals of one person with the mouth or anus of another, even if accomplished through clothing;] or

[caused the penetration, however slight, of the genital or anal opening of (MINOR'S INITIALS) by any foreign object, substance, instrument, or device, including a part of the human body:

[with the intent to arouse or gratify the sexual desire of any person]; or

[with the intent to cause substantial emotional or bodily pain to any person];] or

[touched (MINOR'S INITIALS)'s anus, buttocks, or any part of (his)(her) genitals, even if accomplished through clothing, or touched (FEMALE MINOR'S INITIALS)'s breast, even if accomplished through clothing, or otherwise took indecent liberties with (MINOR'S INITIALS), or caused (MINOR'S INITIALS) to take indecent liberties with the defendant or another person:

[with the intent to arouse or gratify the sexual desire of any person]; or

[with the intent to cause substantial emotional or bodily pain to any person].]

At the time of the conduct, (MINOR'S INITIALS) was 16 or 17 years old; and

At the time of the conduct, (DEFENDANT'S NAME) was:

[seven or more but less than ten years older than (MINOR'S INITIALS), and (DEFENDANT'S NAME) knew or reasonably should have known (MINOR'S INITIALS)'s age]; or

[ten or more years older than (MINOR'S INITIALS)].

After you carefully consider all the evidence in this case, if you are convinced that each and every element [of one or more of the above variations] has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element [of at least one of the above variations] has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.