New Mexico Forms Library

14-2204. Aggravated assault on a peace officer; attempted battery with intent to commit a felony; essential elements.

For you to find the defendant guilty of aggravated assault on a peace officer 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 intended to commit the crime of battery against _______________ (name of peace officer) by __________________;³

A battery consists of intentionally touching or applying force in a rude, insolent, or angry manner.⁴

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

3.         The defendant also intended to commit the crime of ________________;¹

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

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

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 UJI 14-5181 to UJI 14-5184 NMRA.

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 22.03 NMSA 1978; UJI 14-2204 SCRA; as amended, effective January 15, 1998; as amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010; as amended by Supreme Court Order No. 16-8300-008, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. 20-8300-004, effective for all cases pending or filed on or after December 31, 2020.]