CR27-521 01/08/21
SEXUAL EXPLOITATION OF A MINOR
(MISDEMEANOR) – 13 V.S.A. § 3258(a)
The
State has charged (Def)_______________ with sexual exploitation of a minor, as
follows:
[Read
the charge.]
Every
crime is made up of essential elements. Before (Def)_______________ can be
found guilty of the charge, the State must have proven each of the essential
elements beyond a reasonable doubt. Here, the essential elements are that on
the date and at the place alleged,
(1)
(Def)_______________;
(2)
engaged in a sexual act with
(victim)_______________;
(3)
at the time, (victim)_______________
was under the age of eighteen;
(4)
(Def)_______________ is at least 48
months older than (victim)_______________; and
(5)
(Def)_______________ was in a
position of power, authority, or supervision over (victim)_______________ by
virtue of [his][her] undertaking the responsibility, professionally or
voluntarily, to provide for the [health or welfare of minors] [guidance,
leadership, instruction, or organized recreational activities for minors].
The
first essential element is that (Def)_______________ is the person who
committed the alleged acts.
The
second essential element is that (Def)_______________ engaged in a sexual act
with (victim)_______________. A sexual act means conduct between persons
consisting of contact between the penis and the vulva, the penis and the anus,
the mouth and the penis, the mouth and the vulva, or any intrusion, however,
slight, by any part of a person’s body or any object into the genital or anal
opening of another. The word contact, as used in this charge, means mere
touching, however slight. [The word vulva means the external genital organs of
the female, including the labia majora, labia minora, clitoris, and the
entrance to the vagina.]
The
third essential element is that, at the time of the alleged sexual act, (victim)_______________
was under the age of eighteen.
The
fourth essential element is that (Def)_______________ is at least 48 months
older than (victim)_______________.
The
last essential element is that (Def)_______________ was in a position of power,
authority, or supervision over (victim)_______________ by virtue of [his][her]
undertaking the responsibility, professionally or voluntarily, to provide for
the [health or welfare of minors] [guidance, leadership, instruction, or
organized recreational activities for minors].
[The
State need not have proven that (victim)_______________ did not consent to the
sexual act. It does not matter whether (victim)_______________ was a willing
participant. By law, a minor is not capable of consenting to a sexual act with a
person in a position of power, authority, or supervision over the minor by
virtue of [his][her] undertaking the responsibility, professionally or
voluntarily, to provide for the [health or welfare of minors] [guidance,
leadership, instruction, or organized recreational activities for minors].]
All
of the elements of the offense must have been present at the
same time. If the State has not proven each of the essential elements of the
charge beyond a reasonable doubt, then you must find (Def)_______________ not
guilty. However, if the State has proven all of the
essential elements beyond a reasonable doubt, you must return a verdict of
guilty.