New Mexico Forms Library

14-911.  Criminal sexual contact; threats of force or coercion; aided or abetted by another; essential elements.

For you to find the defendant guilty of criminal sexual contact when aided or abetted by another [as charged in Count ______]¹, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.         The defendant

[touched or applied force to the unclothed ____________________² of __________________ (name of victim) without ___________________’s (name of victim) consent;]³

[OR]

[caused ___________________ (name of victim) to touch the _________² of the defendant;]

2.         The defendant

[used threats of physical force or physical violence against _________________ (name of victim or another);]³

[OR]

[threatened to ________________________⁴;]

3.         ______________________ (name of victim) believed that the defendant would carry out the threat;

4.         The defendant acted with the help or encouragement of one or more persons;

[5.        The defendant’s act was unlawful;]⁵

6.         _____________________ (name of victim) was eighteen (18) years of age or older;

7.         This happened in New Mexico on or about the _____ day of __________________, ______.

USE NOTES

1.         Insert the count number if more than one count is charged.

2.         Name one or more of the following parts of the anatomy touched: “groin,” “anus,” “buttocks,” “breast,” “mons pubis,” “penis,” “testicles,” “mons veneris,” or “vulva.” When definitions are provided in UJI 14-981 NMRA, they must be given after this instruction; otherwise, no definition need be given unless the jury requests one.

3.         Use only the applicable alternative or alternatives.

4.         Describe threats used against the victim or another in layman’s language.  See NMSA 1978, Section 30-9-10(A)(3) (2005) for examples of types of threats.

5.         Use the bracketed element if the evidence raises a genuine issue of the unlawfulness of the defendant's actions. If this element is given, UJI 14-132 NMRA, “unlawful defined”, must be given after this instruction.

[As amended, effective September 1, 1994; January 20, 2005; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]