A person who willfully [engages in a sexual act or sexual contact with another person] [causes another person to engage in a sexual act or sexual contact] [by compelling the other person to submit by any [threat] [coercion] that would render a person of reasonable firmness incapable of resisting] [whether consensual or not, as part of an induction, initiation ceremony, pledge, hazing, or qualification to become a member or associate of any criminal street gang], is guilty of Sexual Imposition.

ESSENTIAL ELEMENTS OF OFFENSE T

he 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, _______________, willfully [engaged] [caused _______________ to engage] in a sexual act or sexual contact with _______________; and

2) In doing so, the Defendant willfully compelled ______________ to submit to a sexual act by a threat that would render a person of reasonable firmness incapable of resisting [whether consensual or not, as part of an induction, initiation ceremony, pledge, hazing, or qualification to become a member or associate of any criminal street gang].

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

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