New Mexico Forms Library
Decision Information
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,783 documents
Decision Content
14-931. Criminal sexual contact of a minor in the [third] [second] degree; use of physical force or physical violence; aided or abetted by another; essential elements.
For you to find the defendant guilty of criminal sexual contact of a minor when aided or abetted by another [as charged in Count _____]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:
1. The defendant
[touched or applied force to the [unclothed] ______________2 of ___________________ (name of victim);]3
[OR]
[caused ________________ (name of victim) to touch the ___________2 of the defendant;]
2. The defendant used physical force or physical violence;
3. The defendant acted with the help or encouragement of one or more persons;
4. ____________________ (name of victim) was at least thirteen (13) but less than eighteen (18) years old;
[5. The defendant’s act was unlawful;]4
6. This happened in New Mexico on or about the _____ day of _____________________, ______.
USE NOTES
1. Insert the count number if more than one count is charged.
2. Name one or more of the following parts of the anatomy touched: "buttocks," "breast," "groin," "anus," "mons pubis," "penis," "testicles," "mons veneris," or "vulva." When definitions are provided in UJI 14-981 NMRA, they must be given after this instruction; otherwise, no definition need be given unless the jury requests one.
3. Use only the applicable alternative or alternatives.
4. Use the bracketed element if the evidence raises a genuine issue of the unlawfulness of the defendant's actions. If this element is given, UJI 14-132 NMRA, "unlawful defined," must be given after this instruction.
[As amended, effective January 20, 2005; as amended by Supreme Court Order No. 10‑8300‑039, effective December 31, 2010; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]