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14-2250. Assault by a prisoner; essential elements.

            For you to find the defendant guilty of assault by a prisoner [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 __________________ (describe act, threat or menacing conduct);

            2.         This caused __________________ (name of officer, employee or visitor)2 to believe he was about to be killed or to receive great bodily harm3;

            3.         A reasonable person in the same circumstances would have had the same belief;

            4.         At the time, the defendant was confined at __________________4;

            5.         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.         If there is a question of fact as to whether victim was an officer, employee or visitor, a special instruction must be drafted.

            3.         The definition of "great bodily harm," UJI 14-131, must also be given.

            4.         Identify the place of custody or confinement.

 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.