New Mexico Forms Library

14-252. Homicide; negligence of deceased or third person.

            The State must prove beyond a reasonable doubt that the defendant’s act was a significant cause of the death of __________________ (name of victim).  An issue in this case is whether the negligence of a person other than the defendant may have contributed to the cause of death. Such contributing negligence does not relieve the defendant of responsibility for an act that significantly contributed to the cause of the death so long as the death was a foreseeable result of the defendant’s actions.

            However, if you find the negligence of a person other than the defendant was the only significant cause of death or constitutes an intervening cause that breaks the foreseeable chain of events, then the defendant is not guilty of the offense of __________________ (name of offense).

USE NOTES

            For use in conjunction with UJI 14-251 NMRA when there is evidence of negligence by another person. This instruction may be modified and used as appropriate in non-homicide cases.

[As amended, effective January 1, 2000; as amended by Supreme Court Order No. 19-8300-016, effective for all cases pending or filed on or after December 31, 2019.]