MUJI 2d CR1613

(DEFENDANT'S NAME) is charged [in Count__] with committing Aggravated Sexual Abuse of a Child [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:

[touched the anus, buttocks, or genitals of (MINOR'S INITIALS), even if accomplished through clothing]; or

[touched (MINOR'S INITIALS)'s breast, even if accomplished through clothing]; or

[took indecent liberties with (MINOR'S INITIALS)]; or

[caused (MINOR'S INITIALS) to take indecent liberties with (DEFENDANT'S NAME) or another]; and

Did so with the intent to:

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

[arouse or gratify the sexual desire of any person]; and

(MINOR'S INITIALS) was under 14 years old at the time of the offense; and

[You find that at least one of the following aggravating circumstances applies:]

[(DEFENDANT'S NAME) intentionally, knowingly, or recklessly [used a dangerous weapon] [used force, duress, violence, intimidation, coercion, menace, or threat of harm] [or committed the offense during the course of a kidnapping]];

[(DEFENDANT'S NAME) intentionally, knowingly, or recklessly caused bodily injury or severe psychological injury to (MINOR'S INITIALS) during or as a result of the offense];

[(DEFENDANT'S NAME) was a stranger to (MINOR'S INITIALS) or made friends with (MINOR'S INITIALS) for the purpose of committing the offense];

[(DEFENDANT'S NAME) intentionally, knowingly, or recklessly [used or showed pornography] [caused (MINOR'S INITIALS) to be photographed in a lewd condition during the course of the offense]];

[(DEFENDANT'S NAME) was convicted of a sexual offense prior to this trial];

[(DEFENDANT'S NAME) committed a similar sexual act upon two or more victims at the same time or during the same course of conduct];

[(DEFENDANT'S NAME) has committed six or more separate acts that would each constitute a sexual offense];

[(DEFENDANT'S NAME) was in a position of special trust in relation to (MINOR'S INITIALS)];

[(DEFENDANT'S NAME) intentionally, knowingly, or recklessly encouraged, aided, allowed, or benefitted from [acts of prostitution or sexual acts by (MINOR'S INITIALS) with any other person, or sexual performance by (MINOR'S INITIALS) before any other person] [human trafficking, or human smuggling]]; or

[(DEFENDANT'S NAME) intentionally, knowingly, or recklessly caused the penetration, however slight, of (MINOR'S INITIALS)'s genital or anal opening with any part of the human body other than the genitals or mouth].

After you carefully consider all the evidence in this case, if you are convinced that each and every element 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 has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.