IN IJA 3.5400. Sexual Battery.


IN IJA 3.5400. Sexual Battery.


State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.5400. Sexual Battery.


I.C. 35-42-4-8.

The crime of sexual battery is defined by law as follows:

A person who, with intent to arouse or satisfy the person’s own sexual desires or the sexual desires of another person,

touches another person when that person is [compelled to submit to the touching by force or the imminent threat of force] [so mentally disabled or deficient that consent to the touching cannot be given]

or

touches another person’s genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring

commits sexual battery, a Level 6 felony.

[However, the offense is a Level 4 felony if (it is committed by using or threatening the use of deadly force) (it is committed while armed with a deadly weapon) (the commission of the offense is facilitated by furnishing the other person, without the other person’s knowledge, a drug or a controlled substance) (the commission of the offense is facilitated by knowing that the other person was furnished the drug or controlled substance without the other person’s knowledge).]

Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:

1. The Defendant

2. with the intent to arouse or satisfy [his] [her] own sexual desires or the sexual desires of [name]

3. knowingly*

{4. touched [name] when [name] was

[compelled to submit to the touching by force or the imminent threat of force]

[or]

[so mentally disabled or deficient that consent to the touching could not be given]}

{or}

{4. touched [name’s]

[genitals]

[or]

pubic area]

[or]

[buttocks]

[or]

[female breast]

when [name] was unaware that the touching was occurring}

[5. (for Level 4 felony) and elements 1 through 4 were committed by using or threatening the use of deadly force)

(or)

(and when committing the offense Defendant was armed with a deadly weapon)

(or)

(and the Defendant’s commission of elements 1 through 5 was facilitated by furnishing [name] [name drug or controlled substance alleged], a [drug] [controlled substance]), without [name]’s knowledge.)

(or)

(and the Defendant’s commission of elements 1 through 5 was facilitated by knowing that [name] had been furnished [name drug or controlled substance alleged], a [drug] [controlled substance]), without [name]’s knowledge.)]

If the State failed to prove each of these elements beyond a reasonable doubt, you must find the defendant not guilty of sexual battery, a Level 6/4 felony, charged in Count ___________.

By | 2018-03-11T12:37:06+00:00 March 11th, 2018|Comments Off on IN IJA 3.5400. Sexual Battery.