New Mexico Forms Library

14-320. Battery; essential elements.

            For you to find the defendant guilty of battery [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 intentionally touched or applied force to __________________ (name of victim) by __________________²;

            2.         The defendant acted in a rude, insolent or angry manner³;

            3.         This happened in New Mexico on or about the __________ day of ______________, ________.

USE NOTE

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

            2.         Use ordinary language to describe the touching or application of force.

            3.         If the "unlawfulness" of the act is in issue, add unlawfulness as an element as provided by Use Note 1 of UJI 14-132. In addition, UJI 14-132 is given. If the issue of "lawfulness" involves self defense or defense of another, see UJI 14-5181 to UJI 14-5184.

[Adopted effective October 1, 1976; UJI Criminal Rule 3.50 NMSA 1978; UJI 14-320 SCRA; as amended, effective January 15, 1998.]