Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged

QUESTION PRESENTED A jury instruction constructively amends the indictment if it modifies the essential elements of the offense charged in the indictment. Chopra’s indictment alleged that he committed abusive sexual contact “by touching [the victim’s] groin.” The statute defining sexual contact specifies six locations that cannot be touched; groin is one; genitalia is another. When a statute uses different words, courts presume that the different words have different meanings. The district court nonetheless instructed the jury that groin includes genitalia. Did this instruction constructively amend the indictment? i