UJI 14-915. Criminal sexual contact in the fourth degree; force or coercion; essential elements.1

For you to find the defendant guilty of criminal sexual contact in the fourth degree [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 acts resulted in _______________6; OR, the defendant acted with the help or encouragement of one or more persons; [4. The defendant’s act was unlawful;]7 5. _____________________ (name of victim) was eighteen (18) years of age or older; 6. This happened in New Mexico on or about the _____ day of __________________, ______.