means impairment of physical condition or substantial pain.6 FORCIBLE COMPULSION means to intentionally compel either: by the use of physical force; or by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself [or another person] or in fear that he or she [or another person] will immediately be kidnapped.7 In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case beyond a reasonable doubt, both of the following two elements: That on or about , in the county of (date) (County) , the defendant, (name of defendant) , without a valid medical purpose, inserted a foreign object, namely, a (specify), into the vagina [or urethra] [or penis] [or rectum] [or anus] of (complainant’s name); and That the defendant did so without (complainant’s name)'s consent by the use of forcible compulsion. If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime. 8 NY3d 445 Penal Law § 10.00 (9); See People v Chiddick, 6 (2007). See Penal Law § 130.00 (8); Penal Law § 15.05 (1). The definition 7 has been modified by adding the term in the first line to “intentionally” reflect the holding of People v Williams, 81 NY2d 303 (1993). See also People v Grega, 72 NY2d 489 (1988) (directing the trial court not to charge
means impairment of physical condition or substantial pain.6 FORCIBLE COMPULSION means to intentionally compel either: by the use of physical force; or by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself [or another person] or in fear that he or she [or another person] will immediately be kidnapped.7 In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case beyond a reasonable doubt, both of the following two elements: That on or about (date) , in the county of (County) , the defendant, (name of defendant) , without a valid medical purpose, inserted a foreign object, namely, a (specify), into the vagina [or urethra] [or penis] [or rectum] [or anus] of (complainant’s name); and That the defendant did so without (complainant’s name)'s consent by the use of forcible compulsion. If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime. 6 Penal Law § 10.00 (9); See People v Chiddick, 8 NY3d 445 (2007). 7 See Penal Law § 130.00 (8); Penal Law § 15.05 (1). The definition has been modified by adding the term “intentionally” in the first line to reflect the holding of People v Williams, 81 NY2d 303 (1993). See also People v Grega, 72 NY2d 489 (1988) (directing the trial court not to charge