UJI 14-933. Criminal sexual contact of a minor in the [third] [second] degree; 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 of a minor when aided and 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);]3 [OR] [caused ___________________ (name of victim) to touch the _________________2 of the defendant;] ____________________ (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); 2. The defendant knew or had reason to know of the condition of _____________________ (name of victim); 3. The defendant acted with the help or encouragement of one or more persons; 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 __________________, _______.