New Mexico Forms Library

14-355. Aggravated assault on a [school employee] [sports official] [health care worker]; threat or menacing conduct with a deadly weapon; essential elements.¹

For you to find the defendant guilty of aggravated assault on a __________________² by use³ of a deadly weapon [as charged in Count ______],⁴ 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 that 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;⁵

3.         At the time, __________________ (name of victim) was a _________________² and was performing duties of a __________________²;⁶

4.         The defendant knew __________________ (name of victim) was a __________________.²

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

6.         The defendant used³ a [__________________]⁷ [deadly weapon. The defendant used a __________________ (name of object). A _________________ (name of object) is a deadly weapon only if you find that a __________________ (name of object), when used as a weapon, could cause death or great bodily harm⁸];⁹

7.         This happened in New Mexico on or about the ____ day of ____________, _____.

USE NOTES

1.         If the evidence supports both this theory of assault as well as that found in UJI 14-354 NMRA, then UJI 14-356 NMRA should be given instead of this instruction.

2.         Insert type of specially protected worker - school employee, sports official, or health care worker.

3.         If use of the weapon is in issue, UJI 14-135 NMRA, the definition of “use,” must also be given.

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

5.         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 UJI 14-5181 NMRA to UJI 14-5184 NMRA;

6.         “School employee” is defined in Section 30-3-9(A) NMSA 1978. “Sports official” is defined in Section 30-3-9.1(A) NMSA 1978. “Health care worker” is defined in Section 30-3-9.2(A) NMSA 1978. If there is an issue about whether or not the victim was a specially protected worker, a definition instruction similar to UJI 14-2216 NMRA must be given. If there is an issue about whether the victim was within the lawful discharge of the worker’s duties, an instruction may need to be drafted.

7.         Use this alternative only if the deadly weapon is specifically listed in Section 30-1-12(B) NMSA 1978.

8.         UJI 14-131 NMRA, the definition of “great bodily harm,” must also be given.

9.         This alternative is given only if the object used is not specifically listed in Section 30-1-12(B) NMSA 1978.

[Adopted by Supreme Court Order No. 14-8300-005, effective for all cases filed or pending on or after December 31, 2014; as amended by Supreme Court Order No. S-1-RCR-2023-00030, effective for all cases pending or filed on or after December 31, 2023.]