UJI 14-904. Criminal sexual contact; victim unconscious, asleep, physically or mentally helpless; essential elements.

For you to find the defendant guilty of criminal sexual contact [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) without __________________’s (name of victim) consent;]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 eighteen (18) years of age or older; [5. The defendant’s act was unlawful;]4 6. This happened in New Mexico on or about the _____ day of _____________, ______.