2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
45.g.(2)(c) 16 years, by causing grievous bodily harm upon ( h i m ) ( h e r ) ( ) , t o w i t : a ( b r o k e n l e g ) ( d e e p cut)(fractured skull)( ). (d) Rape of a child who has attained the age of 12 years but has not attained the age of 16 years by using threats or placing in fear. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction data, if required), on or about 20 , engage in a sexual act, to wit: , with , a child who had attained the age of 12 years, but had not attained the age of 1 6 y e a r s , b y [ t h r e a t e n i n g ] [ p l a c i n g ( h i m ) ( h e r ) i n fear] that (he)(she) ( ) would be subjected to ( d e a t h ) ( g r i e v o u s b o d i l y h a r m ) ( k i d n a p p i n g ) by . (e) Rape of a child who has attained the age of 12 years but has not attained the age of 16 years by rendering that child unconscious. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction data, if required), on or about 20 , engage in a sexual act, to wit: , with , a child who had attained the age of 12 years, but had not attained the age of 16 years, by rendering (him)(her) unconscious. (f) Rape of a child who has attained the age of 12 years but has not attained the age of 16 years by administration of drug, intoxicant, or other similar substance. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisd i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , engage in a sexual act, to wit: ,with , a child who had attained the age of 12 years, but had not attained the age of 16 years, by administering to (him)(her) a drug, intoxicant, or other similar substance (by force) (by threat of force) (without (his)(her) knowledge or permission), and thereby substantially impaired (his)(her) ability to [(appraise)(control)][(his)(her)] conduct. (3) Aggravated sexual assault. (a) Aggravated sexual assault by using threats or placing in fear. In that (personal jurisdiction data), did (at/on board-location) (subject-matter j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , cause to engage in a s e x u a l a c t , t o w i t : , b y [ t h r e a t e n i n g ] [ p l a c i n g ( h i m ) ( h e r ) i n f e a r o f ] [ ( p h y s i c a l i n j u r y to ) (injury to ’s property)(accusation of c r i m e ) ( e x p o s i t i o n o f s e c r e t ) ( a b u s e o f m i l i t a r y position)( )]. IV-80 (b) Aggravated sexual assault by causing bodily harm. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction d a t a , i f r e q u i r e d ) , o n o r a b o u t 2 0 , cause to engage in a sexual act, to wit: , by causing bodily harm upon (him)(her)( ), to wit: . (c) Aggravated sexual assault upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or c o m m u n i c a t i n g u n w i l l i n g n e s s . I n t h a t ( p - ersonal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction data, if required), on or about 20 , engage in a sexual act, to wit: with , who was (substantially incapacitated) [substantially incapable of (appraising the nature of the sexual act)(declining participation in the sexual act) (communicating unwillingness to engage in the sexual act)]. (4) Aggravated sexual assault of a child who has attained the age of 12 years but has not attained the age of 16 years. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jur i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , engage in a sexual act, to wit: with , who had attained the age of 12 years, but had not attained the age of 16 years. (5) Aggravated sexual contact. (a) Aggravated sexual contact by using force. (i) Aggravated sexual contact by use or disp l a y o f d a n g e r o u s w e a p o n o r o b j e c t . I n t h a t - (personal jurisdiction data), did (at/on boardl o c a t i o n ) ( s u b j e c t - m a t t e r j u r i s d i c t i o n d a t a , i f r e - q u i r e d ) , o n o r a b o u t 2 0 , [ ( e n g a g e i n sexual contact, to wit: with ) (cause t o e n g a g e i n s e x u a l c o n t a c t , t o w i t : , with ) (cause sexual contact with or by , to wit: )] by (using a dangerous weapon or object, to wit: against (him)(her)) (displaying a d a n g e r o u s w e a p o n o r o b j e c t , t o w i t : t o (him)(her)). (ii) Aggravated sexual contact by suggestion of possession of dangerous weapon or object. In t h a t ( p e r s o n a l j u r i s d i c t i o n d a t a ) , d i d ( a t / o n board-location) (subject-matter jurisdiction data, if required), on or about 20 , [(engage in s e x u a l c o n t a c t , t o w i t : w i t h - )(cause to engage in sexual contact, to wit: , with ) (cause sexual contact with or by , to wit: )] by the suggestion of
possession of a dangerous weapon or an object that was used in a manner to cause (him)(her)( ) to believe it was a dangerous weapon or object. ( i i i ) A g g r a v a t e d s e x u a l c o n t a c t b y u s i n g physical violence, strength, power, or restraint to any person. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisd i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , [(engage in sexual contact, to w i t : w i t h ) ( c a u s e t o e n g a g e i n s e x u a l c o n t a c t , t o w i t : , w i t h ) ( c a u s e sexual contact with or by , to wit: )] by using (physical violence) (strength) (power) (res t r a i n t a p p l i e d t o ) , s u f f i c i e n t t h a t (he)(she)( ) could not avoid or escape the sexual conduct. ( b ) A g g r a v a t e d s e x u a l c o n t a c t b y c a u s i n g grievous bodily harm. In that (personal jurisd i c t i o n d a t a ) , d i d ( a t / o n b o a r d - l o c a t i o n ) ( s u b j e c t - m a t t e r j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , [(engage in sexual contact, to wit: with )(cause to engage in sexual contact, to wit: , with ) (cause sexual contact with or by , to wit: )] by causing g r i e v o u s b o d i l y h a r m u p o n ( h i m ) ( h e r ) ( ) , t o wit: a (broken leg)(deep cut)(fractured skull)( ). (c) Aggravated sexual contact by using threats or placing in fear. In that (personal jurisdiction data), did (at/on board-location) (subject-matter j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , [(engage in sexual contact, to w i t : w i t h ) ( c a u s e t o e n g a g e i n sexual contact, to wit: , with ) (cause sexual contact with or by , to wit: )] by [(threatening (him)(her)( )] [(placing(him)(her) ( ) in fear] that (he)(she)( ) will be subjected to (death)(grievous bodily harm)(kidnapping) by . (d) Aggravated sexual contact by rendering another unconscious. In that (personal jurisdiction data), did (at/on board-location) (subject-matter j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , [(engage in sexual contact, to w i t : w i t h ) ( c a u s e t o e n g a g e i n sexual contact, to wit: , with ) (cause sexual contact with or by , to wit: )] by rendering (him)(her)( ) unconscious. (e) Aggravated sexual contact by administration of drug, intoxicant, or other similar substance. 45.g.(7)(b)(i) In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction data, if required), on or about 20 , [(engage in s e x u a l c o n t a c t , t o w i t : w i t h - )(cause to engage in sexual contact, to wit: , with ) (cause sexual contact with or by , to wit: )] by administering to (him)(her)( ) a drug, intoxicant, or other similar substance, (by force) (by threat of force) (without ( h i s ) ( h e r ) ( ) k n o w l e d g e o r p e r m i s s i o n ) , a n d thereby substantially impaired (his)(her)( ) ability to [(appraise) (control)] [(his) (her)] conduct. ( 6 ) A g g r a v a t e d s e x u a l a b u s e o f a c h i l d . I n t h a t ( p e r s o n a l j u r i s d i c t i o n d a t a ) , d i d ( a t / o n board-location) (subject-matter jurisdiction data, if required), on or about 20 , engage in a lewd act, to wit: with , a child who had not attained the age of 16 years. (7) Aggravated sexual contact with a child. (a) Aggravated sexual contact with a child who has not attained the —age of 12 years. In that (personal jurisdiction data), did (at/on board-location) (subject-matter jurisdiction data, if required), on or about 20 , [(engage in sexual contact, to wit: with , a child who had not attained the age of 12 years)(cause to engage in sexual contact, to wit: , with , a child who had not attained the age of 12 years) (cause sexual contact with or by , a child who had not attained the age of 12 years, to wit: )]. (b) Aggravated sexual contact with a child who has attained the age of 12 years but has not attained the age of 16 years by using force. (i) Aggravated sexual contact with a child who has attained the age of 12 years but has not attained the age of 16 years by use or display of dangerous weapon or object. In that (personal jurisdiction data), did (at/on board-location) (subjectm a t t e r j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r about 20 , [(engage in sexual contact, to wit: with , a child who had attained the age of 12 years, but had not attained the age of 16 years)(cause to engage in sexual contact, to wit: , with , a child who had attained the age of 12 years, but had not attained the age of 16 years) (cause sexual contact with or by , a child who had attained the age of 12 years, but had not attained the age of 16 years, to wit: )] by ( u s i n g a d a n g e r o u s w e a p o n o r o b j e c t , t o IV-81
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possession of a dangerous weapon or an object that<br />
was used in a manner to cause (him)(her)( ) to<br />
believe it was a dangerous weapon or object.<br />
( i i i ) A g g r a v a t e d s e x u a l c o n t a c t b y u s i n g<br />
physical violence, strength, power, or restraint to<br />
any person. In that (personal jurisdiction data),<br />
did (at/on board-location) (subject-matter jurisd<br />
i c t i o n d a t a , i f r e q u i r e d ) , o n o r<br />
about 20 , [(engage in sexual contact, to<br />
w i t : w i t h ) ( c a u s e t o e n g a g e i n<br />
s e x u a l c o n t a c t , t o w i t : , w i t h ) ( c a u s e<br />
sexual contact with or by , to wit: )]<br />
by using (physical violence) (strength) (power) (res<br />
t r a i n t a p p l i e d t o ) , s u f f i c i e n t t h a t<br />
(he)(she)( ) could not avoid or escape the sexual<br />
conduct.<br />
( b ) A g g r a v a t e d s e x u a l c o n t a c t b y c a u s i n g<br />
grievous bodily harm. In that (personal jurisd<br />
i c t i o n d a t a ) , d i d ( a t / o n b o a r d - l o c a t i o n ) ( s u b j e c t -<br />
m a t t e r j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r<br />
about 20 , [(engage in sexual contact, to<br />
wit: with )(cause to engage in sexual<br />
contact, to wit: , with ) (cause sexual<br />
contact with or by , to wit: )] by causing<br />
g r i e v o u s b o d i l y h a r m u p o n ( h i m ) ( h e r ) ( ) , t o<br />
wit: a (broken leg)(deep cut)(fractured skull)( ).<br />
(c) Aggravated sexual contact by using threats<br />
or placing in fear. In that (personal jurisdiction<br />
data), did (at/on board-location) (subject-matter<br />
j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r<br />
about 20 , [(engage in sexual contact, to<br />
w i t : w i t h ) ( c a u s e t o e n g a g e i n<br />
sexual contact, to wit: , with ) (cause<br />
sexual contact with or by , to wit: )] by<br />
[(threatening (him)(her)( )] [(placing(him)(her)<br />
( ) in fear] that (he)(she)( ) will be subjected<br />
to (death)(grievous bodily harm)(kidnapping)<br />
by .<br />
(d) Aggravated sexual contact by rendering another<br />
unconscious. In that (personal jurisdiction<br />
data), did (at/on board-location) (subject-matter<br />
j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r<br />
about 20 , [(engage in sexual contact, to<br />
w i t : w i t h ) ( c a u s e t o e n g a g e i n<br />
sexual contact, to wit: , with ) (cause<br />
sexual contact with or by , to wit: )] by<br />
rendering (him)(her)( ) unconscious.<br />
(e) Aggravated sexual contact by administration<br />
of drug, intoxicant, or other similar substance.<br />
45.g.(7)(b)(i)<br />
In that (personal jurisdiction data), did (at/on<br />
board-location) (subject-matter jurisdiction data, if<br />
required), on or about 20 , [(engage in<br />
s e x u a l c o n t a c t , t o w i t : w i t h -<br />
)(cause to engage in sexual contact, to<br />
wit: , with ) (cause sexual contact with<br />
or by , to wit: )] by administering to<br />
(him)(her)( ) a drug, intoxicant, or other similar<br />
substance, (by force) (by threat of force) (without<br />
( h i s ) ( h e r ) ( ) k n o w l e d g e o r p e r m i s s i o n ) , a n d<br />
thereby substantially impaired (his)(her)( ) ability<br />
to [(appraise) (control)] [(his) (her)] conduct.<br />
( 6 ) A g g r a v a t e d s e x u a l a b u s e o f a c h i l d . I n<br />
t h a t ( p e r s o n a l j u r i s d i c t i o n d a t a ) , d i d ( a t / o n<br />
board-location) (subject-matter jurisdiction data, if<br />
required), on or about 20 , engage in a<br />
lewd act, to wit: with , a child who had<br />
not attained the age of 16 years.<br />
(7) Aggravated sexual contact with a child.<br />
(a) Aggravated sexual contact with a child who<br />
has not attained the —age of 12 years. In that<br />
(personal jurisdiction data), did (at/on board-location)<br />
(subject-matter jurisdiction data, if required),<br />
on or about 20 , [(engage in sexual contact,<br />
to wit: with , a child who had not<br />
attained the age of 12 years)(cause to engage<br />
in sexual contact, to wit: , with , a child<br />
who had not attained the age of 12 years) (cause<br />
sexual contact with or by , a child who had<br />
not attained the age of 12 years, to wit: )].<br />
(b) Aggravated sexual contact with a child who<br />
has attained the age of 12 years but has not attained<br />
the age of 16 years by using force.<br />
(i) Aggravated sexual contact with a child<br />
who has attained the age of 12 years but has not<br />
attained the age of 16 years by use or display of<br />
dangerous weapon or object. In that (personal<br />
jurisdiction data), did (at/on board-location) (subjectm<br />
a t t e r j u r i s d i c t i o n d a t a , i f r e q u i r e d ) , o n o r<br />
about 20 , [(engage in sexual contact, to<br />
wit: with , a child who had attained<br />
the age of 12 years, but had not attained the age of<br />
16 years)(cause to engage in sexual contact,<br />
to wit: , with , a child who had attained<br />
the age of 12 years, but had not attained the age of<br />
16 years) (cause sexual contact with or by , a<br />
child who had attained the age of 12 years, but had<br />
not attained the age of 16 years, to wit: )] by<br />
( u s i n g a d a n g e r o u s w e a p o n o r o b j e c t , t o<br />
IV-81