New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,757 documents
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,783 documents
Decision Content
14-631. Sexual exploitation of children; possession.
For you to find the defendant guilty of sexual exploitation of children (possession) [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 intentionally possessed a visual or print medium2;
2. The medium depicts a prohibited sexual act2 [or simulation of such an act]3;
3. The defendant knew or had reason to know that medium depicts prohibited sexual act [or simulation of such act]3;
4. The defendant knew or had reason to know that one or more of the participants in that act is a child under eighteen years of age;
[5. The depictions are obscene;4]3; and
6. This happened in New Mexico on or about _____________, 20__.
USE NOTES
1. Insert the count number if more than one count is charged.
2. If in issue, UJI 14-130 NMRA, “ ‘Possession’ defined,” definitions of “visual or print medium” and/or “prohibited sex act” shall be given. See NMSA 1978, § 30-6A-2.
3. Instruct with bracketed language only if in issue.
4. Use bracketed material if obscenity is in issue. If this element is instructed a definition of “obscene” shall also be given. See NMSA 1978, § 30-6A-2.
5. If the consensual possession defense defined in NMSA 1978, Section 30-6A-3(B) is in issue, UJI 14-634 NMRA must be given.
6. To invoke the sentencing enhancement defined in Section 30-6A-3(A), special interrogatory UJI 14-635 NMRA must be given.
[Adopted by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]