New Mexico Forms Library

14-2210. Aggravated assault in disguise on a peace officer; essential elements.

            For you to find the defendant guilty of aggravated assault in disguise on a peace officer [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.         At the time, __________________ (name of peace officer) was a peace officer and was performing the duties of a peace officer⁵;

            3.         The defendant knew ____________________ (name of peace officer) was a peace officer;

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

            5.         A reasonable person in the same circumstances as __________________ (name of peace officer) would have had the same belief;

            6.         At the time __________________ (name of defendant) was [wearing a __________________³] [or]⁴ [disguised] for the purpose of concealing __________________'s (name of defendant) identity;

            7.         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.

            3.         Identify the mask, hood, robe or other covering upon the face, head or body.

            4.         Use either or both alternatives.

            5.         "Peace officer" is defined in Subsection C of Section 30-1-12 NMSA 1978.  If there is an issue as to whether or not the victim was a peace officer, give UJI 14-2216 NMRA, which defines "peace officer."  If there is an issue as to whether the officer was within the lawful discharge of the officer's duties, an instruction may need to be drafted.  The mistake of fact referred to in prior UJI 14-2216 NMRA has been incorporated into this instruction as an element.  If some other mistake of fact is raised as a defense, see UJI 14-5120 NMRA.

[Adopted, effective October 1, 1976; UJI Criminal Rule 22.09 NMSA 1978; UJI 14-2210 SCRA; as amended, effective January 15, 1998; as amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]