8.164 Aggravated Sexual Abuse

8.164 AGGRAVATED SEXUAL ABUSE
(18 U.S.C. § 2113 (e))

The defendant is charged in [Count _______ of] the indictment with aggravated sexual abuse in violation of Section 2241(a) 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 [used force] [threatened or placed [name of victim] in fear that some person would be subject to death, serious bodily injury or kidnapping] to cause [name of victim] to engage in a sexual act; and

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

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

Comment

See 18 U.S.C. § 2246(2) for the definition of sexual act referred to in the last paragraph of the instruction.

For a definition of "knowingly," see Instruction 5.6 (Knowingly–Defined).

Whether the crime alleged occurred at a particular location is a question of fact. Whether the location is within the special maritime and territorial jurisdiction of the United States, a federal prison or a facility where federal detainees are held pursuant to a contract is a question of law. United States v. Mujahid, ___F.3d___, 2015 WL 5040196 (9th Cir. August 27, 2015); see also United States v. Gipe, 672 F.2d 777, 779 (9th Cir.1982).

Approved 9/2015