UJI 14-948. Criminal sexual penetration in the second degree; victim unconscious, asleep, physically or mentally helpless; personal injury; essential elements.

For you to find the defendant guilty of criminal sexual penetration causing personal injury [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 acts resulted in _______________6; [5. The defendant’s act was unlawful;]7 6. This happened in New Mexico on or about the _____ day of ___________________, ______.