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14-240C.  Homicide by vehicle; reckless driving; essential elements.

For you to find the defendant guilty of causing death by reckless driving [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 operated a motor vehicle2 in a reckless manner3;

2.         The defendant’s reckless driving caused4 the death of ______________________________ (name of victim);

3.         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 it is in issue, see Section 66-1-4.11 NMSA 1978, for the definition of a motor vehicle.

3.         UJI 14-241 NMRA, the definition of driving a motor vehicle in a reckless manner, must be given.

4.         If causation is in issue, UJI 14-251 NMRA, the definition of causation, must be given.

[Adopted by Supreme Court Order No. 17-8300-012, effective for all cases pending or filed on or after December 31, 2017.]

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