UJI 14-956A. Criminal sexual penetration in the second degree; force or coercion; child 13 to 18; 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;] [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. _______________ (name of victim) was at least 13 but less than 18 years old; [4. The defendant’s act was unlawful;]8 5. This happened in New Mexico on or about the _______ day of ______________, ___________.