New Mexico Forms Library

14-913.  Criminal sexual contact; force or coercion; aided or abetted by another; essential elements.¹

For you to find the defendant guilty of criminal sexual contact when aided or abetted by another [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 defendant

[touched or applied force to the unclothed _________________³ of __________________ (name of victim) without _________________’s (name of victim) consent;]⁴

[OR]

[caused ______________ (name of victim) to touch the __________³ of the defendant;]

2.         [The defendant used physical force or physical violence;]⁴

[OR]

[The defendant (used threats of physical force or physical violence against ________________________ (name of victim or other person))⁴ (OR) (threatened to ____________________⁵); AND ___________________ (name of victim) believed that the defendant would carry out the threat;]

[OR]

[_______________________ (name of victim) was (unconscious)⁴ (asleep) (physically helpless) (suffering from a mental condition so as to be incapable of understanding the nature or consequences of what the defendant was doing); AND the defendant knew or had reason to know of the condition of ______________________ (name of victim);]

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

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

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.         This instruction sets forth the elements of all three types of “force or coercion” in NMSA 1978, Section 30-9-10(A) (2005): (1) use of physical force or physical violence, (2) threats, and (3) mental or physical incapacity of the victim. If the evidence supports two or more of these theories of “force or coercion,” this instruction may be used.

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

3.         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.

4.         Use only the applicable alternative or alternatives.

5.         Describe threats used against the victim or another in layman’s language.  See Section 30‑9‑10(A)(3) for examples of types of threats.

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.]