New Mexico Forms Library

14-340A. Shooting at dwelling or occupied building; resulting in injury; essential elements.

            For you to find the defendant guilty of causing injury by shooting at a [dwelling]¹ [occupied building] [as charged in Count _______]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 

            1.         The defendant willfully shot a firearm at [a dwelling³]¹ [an occupied building]; 

            2.         The defendant knew that the building was [a dwelling]¹ [occupied]; 

            3.         The defendant caused injury to ________________________ (name of victim); 

            [4.        The defendant was not a law enforcement officer engaged in the lawful performance of duty;]⁴ 

            5.         This happened in New Mexico on or about the ____________ day of ________________________, ________.⁵ 

USE NOTES

            1.         Use only applicable alternative or alternatives.

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

            3.         If this alternative is given, UJI 14-1631 NMRA, the definition of dwelling, must be given.  When used with this instruction, UJI 14-1631 NMRA should be modified to delete the word “house.”

            4.         This element may be given if there is an issue as to whether or not the defendant was a law enforcement officer engaged in the lawful enforcement of duty.

            5.         UJI 14-141 NMRA, general criminal intent, must be given after this instruction.

[Adopted by Supreme Court Order No. 14-8300-005, effective for all cases filed or pending on or after December 31, 2014.]