Harmful Communication to a Minor

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   All of the following must be proven

   The defendant was an adult who engaged in a pattern of communication to a minor.

   Plain language: There must be an adult and a pattern, not an isolated communication.

2. Element 2

   AND — Required

   All of the following must be proven

   The pattern included explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement that were harmful to minors.

   Plain language: Confirm both the explicit detailed sexual content and harmful-to-minors requirement.