New Mexico Forms Library

14-309. Aggravated assault; threat or menacing conduct with intent to commit a felony; essential elements.

For you to find the defendant guilty of aggravated assault with intent to commit _______¹ [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 defendant ________ (describe unlawful act, threat or menacing conduct);

2.   The defendant’s conduct caused ________ (name of victim) to believe the defendant was about to intrude on ________’s (name of victim) bodily integrity or personal safety by touching or applying force to ________ (name of victim) in a rude, insolent or angry manner;³

3.   A reasonable person in the same circumstances as ________ (name of victim) would have had the same belief;

4.   The defendant intended to commit the crime of ________;¹

5.   This happened in New Mexico on or about the _____ day of ________, ______.

USE NOTES

1.   Insert the name of the felony. If there is more than one felony, insert the names of the felonies in the disjunctive. The essential elements of each felony must also be given immediately following this instruction. To instruct on the elements of an uncharged offense, UJI 14-140 NMRA must be used.

2.   Insert the count number if more than one count is charged.

3.   If the “unlawfulness” of the act is in issue, add unlawfulness as an element as provided by Use Note 1 of UJI 14-132 NMRA. In addition, UJI 14-132 NMRA is given. If the issue of “lawfulness” involves self-defense or defense of another, see UJIs 14-5181 to 14-5184 NMRA.

[Adopted effective October 1, 1976; UJI Criminal Rule 3.08 NMSA 1978; UJI 14-309 SCRA; as amended, effective January 15, 1998; as amended by Supreme Court Order No. 21-8300-025, effective for all cases pending or filed on or after December 31, 2021.]