UJI 14-960. Criminal sexual penetration in the first degree; victim unconscious, asleep, physically or mentally helpless; great bodily harm or great mental anguish; essential elements.

For you to find the defendant guilty of criminal sexual penetration causing [great bodily harm]1 [great mental anguish] [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 defendant1 [caused _________________ (name of victim) to engage __________3;]1 [OR] [caused the insertion, to any extent, of a __________________4 into the _________________5 of _____________________ (name of victim);] 2. ________________________ (name of victim) was [unconscious]1 [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 [great bodily harm6]1 [great mental anguish7] to ____________________ (name of victim); [5. The defendant’s act was unlawful8;] 6. This happened in New Mexico on or about the ____ day of _________________, ______.