New Mexico Forms Library

Decision Information

Form 14-379. Aggravated assault; threat or menacing conduct with intent to commit a felony; “household member”; essential elements.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,769 documents

Decision Content

14-379. Aggravated assault; threat or menacing conduct with intent to commit a felony; “household member”; essential elements.

For you to find the defendant guilty of aggravated assault with intent to commit __________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 __________ (describe unlawful act, threat, or menacing conduct);3

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 manner;4

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

4.   The defendant intended to commit the crime of __________;1

5.   __________ (name of victim) was a household member of the defendant; 5

6.   This happened in New Mexico on or about the ___ day of __________, ______.

USE NOTES

1.   Insert the name of the felony or felonies in the disjunctive. The essential elements of each felony must also be given immediately following this instruction. To instruct on the elements of an uncharged offense, UJI 14-140 NMRA must be used.

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

5.   Definition of a household member should be given, see UJI 14-370 NMRA.

[Adopted by Supreme Court Order No. 14-8300-005, effective for all cases pending or filed on or after December 31, 2014; as amended by Supreme Court Order No. 21-8300-025, effective for all cases pending or filed on or after December 31, 2021.]

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