UJI 14-923. Criminal sexual contact of a minor in the fourth degree; victim unconscious, asleep, physically or mentally helpless; essential elements.

For you to find the defendant guilty of criminal sexual contact of a minor [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 ________________2 of _____________________ (name of victim);]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 at least thirteen (13) but less than eighteen (18) years old; [5. The defendant’s act was unlawful;]4 6. This happened in New Mexico on or about the ____ day of ___________________, _______.