A person who knowingly [has sexual contact with another] [causes another person to have sexual contact with that person] is guilty of Sexual Assault if that person [or someone with that person’s knowledge] has substantially impaired the other person's power to appraise or control the other person’s conduct, by administering or employing without the other person's knowledge, intoxicants, or other means for the purpose of preventing resistance.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied only if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year] in [County], North Dakota, the Defendant, _______________, knowingly [had sexual contact] [caused _______________ to have sexual contact with the Defendant]; and

2) The Defendant [or someone with the Defendant’s knowledge], substantially impaired _______________'s power to appraise or control _______________’s conduct by administering or employing without _______________'s knowledge, intoxicants or other means for the purpose of preventing resistance.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-20-02.]

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