New Mexico Forms Library
Decision Information
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents
Rule Set 16 - Rules of Professional Conduct - cited by 671 documents
Decision Content
14-2215. Resisting, evading or obstructing an officer; essential elements.1
For you to find the defendant guilty of resisting, evading or obstructing an officer [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 officer) was a [peace officer2] [judge] [magistrate]3 in the lawful discharge of duty;
2. The defendant knew___________________ (name of officer) was a [peace officer] [judge] [magistrate]3;
3. [The defendant knowingly obstructed, resisted or opposed _________________ (name of officer) in serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process;]
[OR]3
[The defendant, with the knowledge that _____________ (name of officer) was attempting to apprehend or arrest the defendant, fled, attempted to evade or evaded __________________ (name of officer);]
[OR]3
[The defendant willfully refused to bring a vehicle to a stop when given a visual or audible signal to stop by _______________________ (name of officer), a uniformed officer who was in an appropriately marked police vehicle;]
[OR]3
[The defendant resisted or abused ____________________ (name of officer) in the lawful discharge of _____________________’s (name of officer) duties;]
4. This happened in New Mexico on or about the __________ day of ______________, ________.
USE NOTES
1. Insert count number if more than one count is charged.
2. If there is an issue as to whether or not the victim was a peace officer, give UJI 14-2216 NMRA, which defines "peace officer." The mistake of fact referred to in prior UJI 16-2216 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.
3. Use only the applicable alternative.
[Adopted May 1, 1986; UJI 14-2215 SCRA; as amended, effective January 15, 1998; as amended by Supreme Court Order No. 11-8300-004, effective March 21, 2011.]