Indiana Pattern Jury Instructions – Criminal
CHAPTER 3 OFFENSES AGAINST THE PERSON (effective for crimes committed July 1, 2014 or after, unless otherwise noted)

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 __________.

 

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