State v. Osborne

OPINION

MONTGOMERY, Justice.

Defendant Osborne challenges his conviction of criminal sexual contact of a minor (CSCM). In response to questions certified by the court of appeals, we are called upon to determine:(1) Whether under our CSCM statute, which defines the offense as “unlawfully and intentionally touching or applying force to the intimate parts of a minor other than one’s spouse ...”, NMSA 1978, § 30-9-13 (Cum.Supp.1990), “unlawfulness” is an element of the offense; and(2) whether defendant’s objection to a proposed instruction on unlawfulness as an element of the offense constituted…