A person who knowingly [has sexual contact with another] [causes another to have sexual contact with that person] is guilty of Sexual Assault if the other person is in official custody or detained in a hospital, prison, or other institution, and the person has supervisory or disciplinary authority over the person in custody or institutionalized.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State’s burden of proof is satisfied 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 with _______________] [caused _______________ to have sexual contact with the Defendant];

2) _______________ was then in official custody or detained in a hospital, prison, or other institution; and 3) The Defendant had supervisory or disciplinary authority over _______________.

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

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