UJI 14-905. Criminal sexual contact; force or coercion; essential elements.1

For you to find the defendant guilty of criminal sexual contact [as charged in Count ______]2, 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 ___________________3 of ___________________ (name of victim) without ___________________’s (name of victim) consent;]4 [OR] [caused _________________ (name of victim) to touch the ___________3 of the defendant;] 2. [The defendant used physical force or physical violence;]4 [OR] [The defendant (used threats of physical force or physical violence against ______________________) (name of victim or other person)4 (OR) (threatened to _______________5); AND ________________ (name of victim) believed that the defendant would carry out the threat;] [OR] [_______________________ (name of victim) was (unconscious)4 (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); AND the defendant knew or had reason to know of the condition of __________________; (name of victim)] [3. The defendant’s act was unlawful;]6 4. ________________________ (name of victim) was eighteen (18) years of age or older; 5. This happened in New Mexico on or about the _____ day of _______________, _____.