New Mexico Forms Library

Decision Information

Form 14-906. Criminal sexual contact; use of physical force or physical violence; personal injury; essential elements.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents

Decision Content

14-906.  Criminal sexual contact; use of physical force or physical violence; personal injury; essential elements.

For you to find the defendant guilty of criminal sexual contact causing personal injury [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 physical force or physical violence;

3.         The defendant’s acts resulted in _________________4;

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

5.         _______________________ (name of victim) was eighteen (18) years of age or older;

6.         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.         Name victim and describe personal injury or injuries.  See NMSA 1978, Section 30‑9‑10(D) (2005) for types of personal injuries.

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.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.