New Mexico Forms Library

14-2202. Aggravated assault on a peace officer; threat or menacing conduct with a deadly weapon; essential elements.¹

For you to find the defendant guilty of aggravated assault on a peace officer by use² of a deadly weapon [as charged in Count __________________]³, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.         The defendant __________________ (describe unlawful act, threat or menacing conduct);

2.         At the time, __________________ (name of peace officer) was a peace officer and was performing duties of a peace officer⁹;

3.         The defendant knew ____________________ (name of peace officer) was a peace officer;

4.         The defendant’s conduct caused __________________ (name of peace officer) to believe the defendant was about to intrude on __________________’s (name of peace officer) bodily integrity or personal safety by touching or applying force to __________________ (name of peace officer) in a rude, insolent or angry manner;

5.         The defendant’s conduct⁴

[threatened the safety of __________________ (name of peace officer);]

[or]⁵

[challenged the authority of __________________ (name of peace officer);]

6.         A reasonable person in the same circumstances as __________________ (name of peace officer) would have had the same belief;

7.         The defendant used² a [__________________]⁶ [deadly weapon. The defendant used a __________________ (name of object). A __________________ (name of object) is a deadly weapon only if you find that a __________________ (name of object), when used as a weapon, could cause death or great bodily harm⁷]⁸;

8.         This happened in New Mexico on or about the ____________ day of ______________, ________.

USE NOTES

1.         If the evidence supports both this theory of assault as well as that found in UJI 14-2201 NMRA, then UJI 14-2203 NMRA should be given instead of this instruction.

2.         If use of the weapon is in issue, UJI 14-135 NMRA, the definition of “use,” must also be given.

3.         Insert the count number if more than one count is charged.

4.         In State v. Padilla, 1996-NMCA-072, 122 N.M. 92, 920 P.2d 1046, the Supreme Court held that to satisfy the Section 30-22-24 NMSA 1978 requirement that the act be “unlawful” the state must prove “injury or conduct that threatens an officer’s safety or meaningfully challenges his or her authority.” If any other issue of lawfulness is raised, 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 UJI 14-5181 to UJI 14-5184 NMRA.

5.         Use only applicable alternative or alternatives.

6.         Use this alternative only if the deadly weapon is specifically listed in Section 30-1-12(B) NMSA 1978.

7.         UJI 14-131 NMRA, the definition of “great bodily harm,” must also be given.

8.         This alternative is given only if the object used is not specifically listed in Section 30-1-12(B) NMSA 1978.

9.         “Peace officer” is defined in Subsection C of Section 30-1-12 NMSA 1978. If there is an issue about whether or not the victim was a peace officer, give UJI 14-2216 NMRA, which defines “peace officer.” If there is an issue about whether the officer was within the lawful discharge of the officer’s duties, an instruction may need to be drafted. The mistake of fact referred to in prior UJI 14-2216 NMRA has been incorporated into this instruction as an element. If some other mistake of fact is raised as a defense, see UJI 14-5120 NMRA.

[Adopted, effective October 1, 1976; UJI Criminal Rule 22.01 NMSA 1978; UJI 14-2202 SCRA; as amended, effective January 15, 1998; February 1, 2000; as amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010; as amended by Supreme Court Order No. S-1-RCR-2023-00030, effective for all cases pending or filed on or after December 31, 2023.]