A person who willfully [engages in a sexual act with another person] [causes another person to engage in a sexual act] is guilty of Gross Sexual Imposition, if the actor, or someone with the actor’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, a controlled substance, or other means with intent to prevent resistance.
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, _______________, willfully [engaged] [caused _______________ to engage] in a sexual act with _______________;
2) The [Defendant] [or] [someone with the Defendant’s knowledge] did so by substantially impairing _______________’s power to appraise or control ______________’s conduct by administering or employing without _______________’s knowledge, [intoxicants, a controlled substance, or other means] with intent to prevent resistance[.] [; and]
[3) In the course of the offense, the Defendant inflicted serious bodily injury on .]
[4) As a result of injuries sustained during the course of the offense, ________________ died.]
DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02; NDJI K - 7.01.]