UJI 14-203. Act greatly dangerous to life; essential elements.

The defendant is charged with first-degree murder by an act greatly dangerous to the lives of others indicating a depraved mind without regard for human life. For you to find the defendant guilty [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 act of defendant); 2. The defendant’s act caused2 the death of __________________ (name of victim); 3. The act of the defendant was greatly dangerous to the lives of others, indicating a depraved mind without regard for human life; 4. The defendant knew that the act was greatly dangerous to the lives of others; 5. This happened in New Mexico on or about the __________ day of ______________, __________. A person acts with a depraved mind by intentionally engaging in outrageously reckless conduct with a depraved kind of wantonness or total indifference for the value of human life. Mere negligence or recklessness is not enough. In addition, the defendant must have a corrupt, perverted, or malicious state of mind, such as when a person acts with ill will, hatred, spite, or evil intent. Whether a person acted with a depraved mind may be inferred from all the facts and circumstances of the case.