UJI 14-945. Criminal sexual penetration of a 13 to 18 year old in the second degree; use of coercion by person in position of authority; essential elements.

For you to find the defendant guilty of criminal sexual penetration of a child at least thirteen (13) but less than eighteen (18) years old by use of coercion by a person in a position of authority [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 [caused ________________ (name of victim) to engage in ________2;]3 [OR] [caused the insertion, to any extent, of a ________________4 into the _______________5 of ______________________ (name of victim);] 2. _____________________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old; 3. The defendant was a [(parent) (relative) (household member)6 (teacher) (employer)]3 [OR] [person who by reason of the defendant’s relationship to _____________________ (name of victim) was able to exercise undue influence over ____________________ (name of victim)] AND used this position of authority7 to coerce __________________ (name of victim) to submit to sexual contact; [4. The defendant’s act was unlawful;]8 5. This happened in New Mexico on or about the ____ day of _______________, ______.