By administration of drug, intoxicant, or other similar substance:
(i) That the accused engaged in a sexual act with a child
(ii) That at the time of the sexual act the child had attained the age of 12 years but attained the intoxicant, or had not attained the age of 16 years;
(iii) (a) That the accused did so by administering to that child a drug, intoxicant, or other similar substance;
(b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that child; and
(c) That, as a result, that child's ability to appraise or control conduct was substantially impaired.
Aggravated sexual assault of a child who has attained the age of 12 years but has not attained the age of 16 years:
(a) That the accused engaged in a sexual act with a child; and
(b) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years.
Aggravated sexual contact
By using force:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by using force against that other person.
By causing grievous bodily harm:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by causing grievous bodily harm to any person.
By using threats or placing in fear:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.
By rendering another unconscious:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by rendering that other person unconscious.
By administration of drug, intoxicant, or other similar substance:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) (a) That the accused did so by administering to that other person a drug, intoxicant, or other similar substance;
(b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that other person; and
(c) That, as a result, that other person's ability to appraise or control conduct was substantially impaired.
Abusive sexual contact
By using threats or placing in fear:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping).
By causing bodily harm:
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and
(iii) That the accused did so by causing bodily harm to another person.
(i) That the accused engaged in sexual contact with another person; or
(ii) That the accused caused sexual contact with or by another person; and (Note: add one of the following elements)
(iii) That the other person was substantially incapacitated;
(iv) That the other person was substantially incapable of appraising the nature of the sexual contact;
(v) That the other person was substantially incapable of declining participation in the sexual contact; or
(vi) That the other person was substantially incapable of communicating unwillingness to engage in the sexual contact.
Wrongful sexual contact
(a) That the accused had sexual contact with another person;
(b) That the accused did so without that other person's permission; and
(c) That the accused had no legal justification or lawful authorization for that sexual contact.
Above information derived from the Manual for Courts-Martial]
