UJI 14-956. Criminal sexual penetration in the second degree; force or coercion; essential elements.1

For you to find the defendant guilty of criminal sexual penetration in the second degree [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 acts resulted in ______________8; OR the defendant acted with the help or encouragement of one or more persons; [4. The defendant’s act was unlawful;]9 5. This happened in New Mexico on or about the _____ day of _______________, ________.