New Mexico Forms Library

14-133. "Negligence" and "recklessness"; defined.¹

            For you to find that the defendant [acted]² [recklessly] [with reckless disregard] [negligently] [was negligent] [________________________]³ in this case, you must find that the defendant acted with willful disregard of the rights or safety of others and in a manner which endangered any person or property⁴.

USE NOTES

            1.         For use when "negligence", "reckless", "recklessly", "knew or should have known" or similar term or phrase is an element of the crime charged. This instruction should not be given with any elements instruction which already adequately defines the concept of a defendant's criminal negligence set forth by the Supreme Court. See for example State v. Yarborough, 1996-NMSC-068, 122 N.M. 596, 930 P.2d 131 and Santillanes v. State, 115 N.M. 215, 849 P.2d 358 (1993).

            2.         Use only applicable alternative.

            3.         Set forth the term or terms used in the elements instruction (or statute if no elements instruction exists) for criminal negligence if the previous alternatives are not used in the essential elements instruction of a "criminal negligence" offense.

            4.         If the statutory offense identifies some injury other than to a person or the property of others, set forth statutory language.

[Adopted, effective January 1, 1999.]