New Mexico Forms Library

14-302. Assault; threat or menacing conduct; essential elements.

            For you to find the defendant guilty of assault [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 __________________ (describe unlawful act, threat or menacing conduct);

            2.         The defendant's conduct caused __________________ (name of victim) to believe the defendant was about to intrude on __________________'s (name of victim) bodily integrity or personal safety by touching or applying force to __________________ (name of victim) in a rude, insolent or angry manner²;

            3.         A reasonable person in the same circumstances as __________________ (name of victim) would have had the same belief;

            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.         If the "unlawfulness" of the act is in issue, 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.

[Adopted effective October 1, 1976; UJI Criminal Rule 3.01 NMSA 1978; UJI 14-302 SCRA; as amended, effective January 15, 1998.