An adult who knows the character and content of a computer communication that, in whole or in part, implicitly or explicitly discusses or shows actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances] and uses any computer communication system or other electronic means allowing inputting, outputting, examining, or transferring any and all information contained on a computer from one computer or electronic device to another to initiate or engage in this kind of communication with a person the adult believes is a minor; and Through the communication, the adult importunes, invites, or induces a person the adult believes is a minor [to engage in sexual acts or to have sexual contact with the adult] [to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult’s benefit, satisfaction, lust, passions, or sexual desires] is guilty of an offense.

ESSENTIAL ELEMENTS OF 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;

2) Made a communication that, in whole or in part, implicitly or explicitly discussed or depicted actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances];

3) Used a computer communication system or other electronic means that allowed the input, output, examination, or transfer of computer data or computer programs from one computer or electronic device to another to initiate or engage in this type of communication;

4) To communicate with _______________ whom the Defendant, _______________, believed was a minor; and

5) Through this communication, the Defendant, _______________, importuned, invited, or induced _______________ to engage in sexual acts with the Defendant, to have sexual contact with the Defendant, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the Defendant’s benefit, satisfaction, lust, passions, or sexual desires.

[6) The Defendant was an adult twenty-two years old or older and reasonably believed the minor was fifteen years of age or younger.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-20-02 (sexual acts, sexual contact), 12.1-27.2-01 (simulated, obscene sexual performance, sexual performance), 12.1-27.1-03.1 (nudity), 12.1-27.1-01 (sadomasochistic abuse, sexual conduct), 14.10-01 (minor)]

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