To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with another person;
The defendant and the other person were not married to each other at the time of the intercourse;
The defendant was at least 21 years old at the time of the intercourse;
AND
The other person was under the age of 16 years at the time of the intercourse.Sexuat intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]
[It is not a defense that the other person may have consented to the intercourse.]
[Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]