New Mexico Forms Library

14-907.  Criminal sexual contact; threats of force or coercion; 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 threats of physical force or physical violence against _________________ (name of victim or other person);]³

[OR]

[threatened to ______________________⁴;]

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

4.         The defendant’s acts resulted in _______________⁵;

[5.        The defendant’s act was unlawful]⁶;

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

6.         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.]