UJI 14-912. Criminal sexual contact; victim unconscious, asleep, physically or mentally helpless; aided or abetted by another; essential elements.

For you to find the defendant guilty of criminal sexual contact when aided or abetted by another [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. The defendant acted with the help or encouragement of one or more persons; [5. The defendant’s act was unlawful;]4 6. _________________________ (name of victim) was eighteen (18) years of age or older; 7. This happened in New Mexico on or about the ______ day of __________________, ______.