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8.170 Sexual Abuse—By Threat

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8.170 SEXUAL ABUSE—BY THREAT (18 U.S.C. § 2242(1))

The defendant is charged in [Count _______ of] the indictment with sexual abuse in violation of Section 2242(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly caused [name of victim] to engage in a sexual act by threatening or placing [name of victim] in fear; and

Second, the offense was committed at [specify place of federal jurisdiction].

In this case, "sexual act" means [specify statutory definition].

Comment

See Comment to Instruction 8.164 (Aggravated Sexual Abuse).

This instruction is appropriate when the defendant has placed the victim in fear of something other than death, serious bodily injury or kidnapping.