14-632. Sexual exploitation of children; distribution.
For you to find the defendant guilty of sexual exploitation of children (distribution) [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 intentionally distributed a visual or print medium2;
2. The medium depicted a prohibited sexual act2 [or simulation of such an act]3;
3. The defendant knew or had reason to know that medium depicts prohibited sexual act [or simulation of such act]3;
4. The defendant knew or had reason to know that one or more of the participants in that act is a child under eighteen years of age;
[5. The depictions are obscene4;]3 and
6. This happened in New Mexico on or about _____________, 20__.
USE NOTES
1. Insert the count number if more than one count is charged.
2. If in issue, definitions of “visual or print medium” and/or “prohibited sex act” shall be given. See NMSA 1978, § 30‑6A‑2.
3. Instruct with bracketed language only if in issue.
4. If this element is instructed, a definition of “obscene” shall be given. See NMSA 1978, § 30‑6A‑2.
[Adopted by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]