New Mexico Forms Library

14-923.  Criminal sexual contact of a minor in the fourth degree; victim unconscious, asleep, physically or mentally helpless; essential elements.

For you to find the defendant guilty of criminal sexual contact of a minor [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 ________________² of ____________________ (name of victim);]³

[OR]

[caused ___________________ (name of victim) to touch the ______________² of the defendant;]

2.         _____________________ (name of victim) was [unconscious]³ [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];

3.         The defendant knew or had reason to know of the condition of _____________________ (name of victim);

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

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

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.         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. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]