UJI 14-972. Aggravated criminal sexual penetration in the first degree; child under thirteen;1 essential elements.

For you to find the defendant guilty of aggravated criminal sexual penetration of a child under the age of thirteen [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. _____________________ (name of victim) was twelve (12) years of age or younger; 3. [The defendant acted with an intent to kill]3 [OR] [the act of the defendant was greatly dangerous to the lives of others, indicating a depraved mind without regard for human life;] [4. The defendant’s act was unlawful;]7 5. This happened in New Mexico on or about the ____ day of _______________, ______. A person acts with a depraved mind by intentionally engaging in outrageously reckless conduct with a depraved kind of wantonness or total indifference for the value of human life. Mere negligence or recklessness is not enough. In addition, the defendant must have a corrupt, or malicious state of mind, such as when a person acts with ill will, hatred, spite, or evil intent. Whether a person acted with a depraved mind may be inferred from all the facts and circumstances of the case.