UJI 14-952. Criminal sexual penetration in the 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 penetration when aided or 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 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 acted with the help or encouragement of one or more persons; [5. The defendant’s act was unlawful;]6 6. This happened in New Mexico on or about the ____ day of ____________________, _______.