New Mexico Forms Library

14-971. Enticement of a child; essential elements.¹

For you to find the defendant guilty of enticement of a child [as charged in Count _______],² the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.   The defendant³

[(enticed)³ (persuaded) (attempted to persuade) __________ (name of child) to enter a __________⁴];

[OR]

[had possession of __________ (name of child) in a __________];⁴

2.   The defendant intended to commit the crime or crimes of __________;⁵

3.   __________ (name of child) was less than 16 years old;

4.   This happened in New Mexico on or about the ____ day of __________, ______.

USE NOTES

1.   This instruction sets forth, in the alternative, the two types of enticement of a child set forth in Section 30-9-1 NMSA 1978.

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

3.   Use only the applicable alternatives.

4.   Use applicable term or terms: vehicle; building; room; secluded place.

5.   Identify the crime or crimes the defendant intended to commit and give the essential elements, unless they are covered in an essential elements instruction for the substantive offense. To instruct on the elements of an uncharged offense, UJI 14-140 NMRA must be used.

[As amended by Supreme Court Order No. 21-8300-025, effective for all cases pending or filed on or after December 31, 2021.]