14-6019A. Special verdict; sexual offense against a child.1
If you find the defendant guilty of ___________________ (insert name of offense) [as charged in Count ______]2, then you must determine whether, at the time of the offense, __________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old. You must complete the special form to indicate your findings.
For you to make a finding of “yes,” to the question, the state must prove to your satisfaction beyond a reasonable doubt that _______________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old. Do you unanimously find beyond a reasonable doubt that _______________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old?
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__________ (yes or no) |
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_________________________________ |
USE NOTES
1. For use in criminal sexual penetration cases when the age of the victim is not already an essential element of the offense.
2. Insert the count number if more than one count is charged.
[Adopted by Supreme Court Order No. 15-8300-004, effective for all cases pending or filed on or after December 31, 2015; as amended by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]