New Mexico Forms Library

14-623.  Child abuse resulting in death; intentional act; child under 12; essential elements.

For you to find ____________________ (name of defendant) guilty of intentional child abuse resulting in death of a child under twelve (12) years of age, [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.         ______________ (name of defendant) _______________________ (describe conduct or course of conduct alleged to have been child abuse).

2.         By engaging in the conduct described in Paragraph 1, ___________________ (name of defendant) caused _________________ (name of child)

[to be placed in a situation that endangered the life or health of _______________ (name of child);]²

[OR]

[to be exposed to inclement weather;]

[OR]

[to be [tortured ] [or] [cruelly confined] [or] [cruelly punished]]

3.         _______________________ (name of defendant) acted intentionally³ [and without justification];⁴

4.         _______________________ (name of defendant)’s conduct resulted in the death of ______________________ (name of child);

5.         _______________________ (name of child) was under the age of twelve (12);

6.         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 only applicable alternative or alternatives.

3.         The definition of “intentionally,” UJI 14-626 NMRA, must also be given with this instruction.

4.         If “justification” is an issue, this bracketed alternative must be given if requested.

[Adopted by Supreme Court Order No. 15-8300-001, effective for all cases filed or pending on or after April 3, 2015; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]