UJI 14-944. Criminal sexual penetration in the third degree; force or coercion; essential elements.1

For you to find the defendant guilty of criminal sexual penetration [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 defendant3 [caused ________________ (name of victim) to engage in ________4;] [OR] [caused the insertion, to any extent, of a ______________5 into the _______________6 of ____________________ (name of victim);] 2. [The defendant used physical force or physical violence;]3 [OR] [The defendant (used threats of physical force or physical violence against ___________________ (name of victim or other person))3 (OR) [threatened to __________________7]; AND __________________ (name of victim) believed that the defendant would carry out the threat;] [OR] [_____________________ (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); AND the defendant knew or had reason to know of the condition of ______________________ (name of victim);] [3. The defendant’s act was unlawful;]8 4. This happened in New Mexico on or about the ____ day of ______________, ______.