(N.J.S.A. 2C:14-3a [2C:14-2a(3)]
The indictment in this case charges the defendant with aggravated criminal sexual contact. The indictment reads as follows:
(Read indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
A person is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person during the commission or attempted commission, alone or with one or more other persons, of robbery, (kidnapping), (homicide), (aggravated assault on another), (burglary), (arson), or (criminal escape).
(The court should reference only applicable substantive offense.)
In order for you to find the defendant guilty of this crime of sexual contact upon (Name) , the State is required to prove, beyond a reasonable doubt, each of the following elements.
1. The defendant committed an act of criminal sexual contact upon (Name) , and
2. That the act of sexual contact was committed during the commission, or attempted commission, whether alone or with one or more persons, of robbery, (kidnapping), (homicide), (aggravated assault on another), (burglary), (arson), or (criminal escape).
The first element that the State is required to prove beyond a reasonable doubt is that the defendant committed an act of sexual contact upon (Name) As charged in the indictment. Under the law, sexual contact means an intentional touching by the victim or the defendant, either directly or through clothing, of victim's or defendant's intimate parts for the purpose of humiliating the victim or sexually arousing or sexually gratifying the defendant. To constitute criminal conduct under this statute, sexual conduct of the defendant with (himself/herself) must be in view of the victim whom the defendant knows to be present, and must be done with the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the defendant.
Intimate parts means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.
For you to find that the defendant committed an act of criminal sexual contact, you must
AGGRAVATED CRIMINAL SEXUAL CONTACT -
DURING COURSE OF A FELONY
N.J.S.A. 2C:14-3a [2C:14-2a(3)]
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find beyond a reasonable doubt, both that the touching was intentional, and that it was done with the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the defendant.
A person acts purposely with respect to the nature of (his/her) conduct or a result thereof if it is (his/her) conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to the attendant circumstances if (he/she) is aware of the existence of such circumstances or (he/she) believes or hopes that they exist.
Purpose is a condition of the mind that cannot be seen and that can be determined only by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce witnesses to testify that an accused said that (he/she) had a certain state of mind when (he/she) engaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of defendant’s acts and conduct, from all that (he/she) said and did at the particular time and place, and from all surrounding circumstances.
The second element that the State must prove beyond a reasonable doubt is that the act of sexual contact was committed during the commission, or attempted commission, whether alone or with one or more persons of robbery, (kidnapping), (homicide), (aggravated assault on another), (burglary), (arson), or (criminal escape).
(The appropriate instruction to the crime, or attempted crime, should be given.)
In summary, if the State has proven to your satisfaction beyond a reasonable doubt each of the elements as I have just explained them, then you must find the defendant guilty of the crime of aggravated criminal sexual contact. On the other hand, if you find that the State has failed to prove beyond a reasonable doubt any one or all of these elements, then you must find the defendant not guilty of aggravated criminal sexual contact.
