[Insert instructions for underlying offense.]

If you all agree the state has proved, beyond a reasonable doubt, the two elements listed above, and you all agree on the same incident or incidents when these elements occurred, you must next consider whether the defendant is not guilty because of the defense of medical care.

Medical Care Defense

It is a defense to the offense of aggravated sexual assault of a child that—

1. the conduct consisted of medical care;
2. the medical care was for the child; and
3. the conduct did not include any contact between the child’s anus or sexual organ and the defendant’s or another person’s mouth, anus, or sexual organ.

Burden of Proof

The defendant is not required to prove the medical care defense. Rather, the state must prove, beyond a reasonable doubt, that the medical care defense does not apply.

Application of Law to Facts

If you have found that the state has proved the offense beyond a reasonable doubt, you must next decide whether the state has proved that the defendant’s conduct was not justified by the medical care defense.

To decide the issue of medical care defense, you must determine whether the state has proved, beyond a reasonable doubt, that either—

1. the conduct was not medical care;
2. the medical care was not for the child; or
3. the conduct included contact between the child’s anus or sexual organ and the defendant’s or another person’s mouth, anus, or sexual organ.

You must all agree that the state has proved, beyond a reasonable doubt, at least one of the three elements listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, all three elements listed above, you must find the defendant “not guilty.”

If you all agree that the state has proved, beyond a reasonable doubt, each of the elements of the offense of aggravated sexual assault of a child, and you all agree the state has proved, beyond a reasonable doubt, at least one of the three elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]