New Mexico Forms Library

14-1621. Armed robbery; essential elements.

            For you to find the defendant guilty of armed robbery [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 took and carried away² __________________ (identify property), from __________________ (name of victim) or from his immediate control intending to permanently deprive __________________ (name of victim) of the __________________ (property); [the property had some value;]³

            2.         The defendant was armed with a __________________⁴;

            3.         The defendant took the __________________ (property) by [force or violence]⁵ [or] [threatened force or violence];

            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.         Use UJI 14-1602 if asportation is in issue.

            3.         Use the bracketed provision only if there is a question as to whether or not the property taken had any value.

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

            5.         Use the applicable bracketed phrase.