New Mexico Forms Library

14-926.  Criminal sexual contact of a minor in the [third] [second] degree; use of coercion by person in position of authority; essential elements.

For you to find the defendant guilty of criminal sexual contact of a minor by use of coercion by a person in a position of authority [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 was a

[(parent) (relative) (household member)⁴ (teacher) (employer)]³

[OR]

[person who by reason of the defendant's relationship to __________________ (name of victim) was able to exercise undue influence over __________________ (name of victim)]

AND used this position of authority⁵ to coerce _____________________ (name of victim) to submit to sexual contact;

3.         ______________________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old;

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

5.         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.         If this bracketed alternative is given, UJI 14-370 NMRA, “household member defined,” must be given after this instruction.

5.         See NMSA 1978, § 30-9-10(E) (2005) for the definition of “position of authority.”

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 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.]