New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,724 documents
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents
Citations - New Mexico Appellate Reports
State v. Padilla - cited by 85 documents
Decision Content
14-2201. Aggravated assault on a peace officer; attempted battery with a deadly weapon; essential elements.1
For you to find the defendant guilty of aggravated assault on a peace officer by use of a deadly weapon [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 manner4.
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 used a [__________________]5 [deadly weapon. The defendant used a __________________ (name of object). A __________________ (name of object) is a deadly weapon only if you find that a __________________ (name of object), when used as a weapon, could cause death or great bodily harm6]7;
4. At the time, __________________ (name of peace officer) was a peace officer and was performing duties of a peace officer8;
5. The defendant knew ____________________ (name of peace officer) was a peace officer;
6. The defendant’s conduct [threatened the safety of __________________ (name of peace officer);]
[or]9
[challenged the authority of __________________ (name of peace officer);]
7. This happened in New Mexico on or about the ____________ day of _________, ________.
USE NOTES
1. If the evidence supports both this theory of assault as well as that found in UJI 14-2202 NMRA, then UJI 14-2203 NMRA should be given instead of this instruction.
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. In State v. Padilla, 1996-NMCA-072, 122 N.M. 92, 920 P.2d 1046, the Supreme Court held that to satisfy the Section 30-22-24 NMSA 1978 requirement that the act be “unlawful” the state must prove “injury or conduct that threatens an officer's safety or meaningfully challenges his or her authority.” If any other issue of lawfulness is raised, 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. Insert the name of the weapon. Use this alternative only if the deadly weapon is specifically listed in Section 30-1-12B NMSA 1978.
6. UJI 14-131 NMRA, the definition of “great bodily harm,” must also be given.
7. This alternative is given only if the object used is not specifically listed in Section 30-1-12B NMSA 1978.
8. “Peace officer” is defined in Subsection C of Section 30-1-12 NMSA 1978 and UJI 14-2216 NMRA. 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.
9. Use only applicable alternative or alternatives.
[Adopted effective October 1, 1976; UJI Criminal Rule 22.00 NMSA 1978; UJI 14-2201 SCRA; as amended, effective January 15, 1998; February 1, 2000; 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.]