New Mexico Forms Library

Decision Information

Form 14-378. Aggravated assault; attempted battery with intent to commit a felony; “household member”; essential elements.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,769 documents

Decision Content

14-378. Aggravated assault; attempted battery with intent to commit a felony; “household member”; 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 intended to commit the crime of battery against __________ (name of victim) by __________;3

A battery consists of intentionally touching or applying force in a rude, insolent, or angry manner.4

2.   The defendant began to do an act which constituted a substantial part of the battery but failed to commit the battery;

3.   The defendant also intended to commit the crime of __________;1

4.   __________ (name of victim) was a household member of the defendant; 5

5.   This happened in New Mexico on or about the _____ day of __________, ___.

USE NOTES

1.   Insert the name of the felony or 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.   Use ordinary language to describe the touching or application of force.

4.   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.

5.   Definition of a household member should be given, see UJI 14-370 NMRA.

[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. 16-8300-008, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. 21-8300-025, effective for all cases pending or filed on or after December 31, 2021.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.