New Mexico Forms Library

14-1632. Aggravated burglary; essential elements.

For you to find the defendant guilty of aggravated burglary [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 entered a [vehicle] [watercraft] [aircraft] [dwelling] [or] [other structure] without authorization;

2.         The defendant entered the [vehicle] [watercraft] [aircraft] [dwelling] [or] [other structure] with the intent to commit [a theft] [or] [________________________]² (name of felony) once inside;

3.         The defendant

            [was armed with a ________________________³]; ⁴

            [became armed with a ________________________³ after entering];

            [touched or applied force to ________________________ (name of victim) in a rude or angry manner while entering or leaving, or while inside];

4.         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.         It is not necessary to instruct on the elements of a theft. If intent to commit a felony other than theft is alleged, the essential elements of the felony must be given if not separately instructed. To instruct on the elements of an uncharged offense, UJI 14-140 NMRA must be used.

3.         Insert the name of the weapon when the instrument is a deadly weapon as defined in Section 30-1-12(B) NMSA 1978, or use the phrase “an instrument or object which, when used as a weapon, could cause death or very serious injury.”

4.         Use the applicable bracketed phrase.

[As amended, effective August 1, 2001; as amended by Supreme Court Order No. 20-8300-004, effective for all cases pending or filed on or after December 31, 2020.]