UJI 14-943. Criminal sexual penetration in the third degree; victim unconscious, asleep, physically or mentally helpless; essential elements.

For you to find the defendant guilty of criminal sexual penetration [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 defendant2 [caused ________________ (name of victim) to engage in _________3;] [OR] [caused the insertion, to any extent, of a _______________4 into the _______________5 of ___________________ (name of victim);] 2. ___________________ (name of victim) was [unconscious]2 [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’s act was unlawful;]7 5. This happened in New Mexico on or about the ____ day of ______________________, ______.