New Mexico Forms Library

14-353. Assault on a [school employee] [sports official] [health care worker]; attempted battery; threat or menacing conduct; essential elements.

            For you to find the defendant guilty of an assault on a __________________¹ [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 intended to commit the crime of battery against _______________ (name of victim) by __________________³;

            A battery consists of intentionally touching or applying force in a rude, insolent or angry manner⁴.

            2.         The defendant began to do an act which constituted a substantial part of the battery but failed to commit the battery;

            OR

            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 manner⁴;

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

            AND

            4.         At the time, __________________ (name of victim) was a __________________¹ and was performing the duties of a __________________¹;⁵

            5.         The defendant knew __________________ (name of victim) was a ___________¹;

            6.         This happened in New Mexico on or about the ____ day of ____________, _____.

USE NOTES

            1.         Insert type of specially protected worker - school employee or health care worker.

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

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

            4.         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 is given.  If the issue of “lawfulness” involves self-defense or defense of another, see UJI 14-5181 NMRA to UJI 14-5184 NMRA.

            5.         “School employee” is defined in NMSA 1978, Section 30-3-9(A).  “Health care worker” is defined in NMSA 1978, Section 30-3-9.2(A).  If there is an issue as to whether or not the victim was a specially protected worker, a definition instruction similar to UJI 14-2216 NMRA must be given.  If there is an issue as to whether the victim was within the lawful discharge of the worker's duties, an instruction may need to be drafted.

[Adopted by Supreme Court Order No. 14-8300-005, effective for all cases filed or pending on or after December 31, 2014; as amended by Supreme Court Order No. 16-8300-008, effective for all cases pending or filed on or after December 31, 2016.]