UJI 14-961. Criminal sexual penetration in the first degree; force or coercion; great bodily harm or great mental anguish; essential elements.1

For you to find the defendant guilty of criminal sexual penetration causing [great bodily harm]2 [great mental anguish] [as charged in Count _______]3, 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 __________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;]2 [OR] [The defendant (used threats of physical force or physical violence against ______________________ (name of victim or other person))2 (OR) (threatened to _____________________7); AND _____________________ (name of victim) believed that the defendant would carry out the threat;] [OR] [_____________________ (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); AND the defendant knew or had reason to know of the condition of _________________________ (name of victim);] 3. The defendant’s acts resulted in [great bodily harm8]2 [great mental anguish9] to ____________________ (name of victim); [4. The defendant’s act was unlawful;]10 5. This happened in New Mexico on or about the _____ day of ___________________, _______.