14-2404. Retaliation against a witness.
For you to find the defendant guilty of retaliation against a witness [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 knowingly engaged in conduct that caused:
[[bodily injury to ________________________ (name of person)] [or]
[damage to the tangible property of ________________________ (name of person)
[OR]
[1. The defendant knowingly threatened:
[bodily injury to ________________________ (name of person)] [or]
[damage to the tangible property of ________________________ (name of person)];
2. The defendant engaged in the conduct with the intent to retaliate against ________________________ (name of witness) for providing any information to a law enforcement officer relating to:
[the commission or possible commission of ________________________ (name of felony)2;] [or]
[a violation of conditions of probation;] [or]
[a violation of conditions of parole;] [or]
[a violation of conditions of release pending judicial proceedings;]
3. 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. Unless the court has instructed on the essential elements of the felony or attempted felony, these elements must be given in a separate instruction, generally worded as follows: "In New Mexico, the elements of the crime of ________________________ (name of felony) are as follows: ______________________________ (summarize elements of the felony)". See State v. Perea, 1999-NMCA-138, 128 N.M. 263, 992 P.2d 276.
[Approved, effective October 1, 2001.]