New Mexico Forms Library

14-925.  Criminal sexual contact of a minor in the [third] [second] degree; child under thirteen (13); essential elements.

For you to find the defendant guilty of criminal sexual contact of a child under the age of thirteen (13) [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.         ______________ (name of victim) was a child under the age of thirteen (13);

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

4.         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 the instruction; otherwise, no definition need be given unless the jury requests one.

3.         Use only the applicable alternative or alternatives.

4.         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 October 1, 1992; 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.]