New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,724 documents
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents
Decision Content
14-927. Criminal sexual contact of a minor in the [third] [second] degree; use of physical force or physical violence; personal injury; essential elements.
For you to find the defendant guilty of criminal sexual contact of a minor 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);]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. _____________________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old;
[5. The defendant’s act was unlawful5;]
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: "buttocks," "breast," "groin," "anus," "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 January 20, 2005; as amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]