UJI 14-2200. Assault on a peace officer; attempted battery; essential elements.1

For you to find the defendant guilty of assault on a peace officer [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. At the time, ___________________ (name of peace officer) was a peace officer and was performing duties of a peace officer5; 4. The defendant knew ______________ (name of peace officer) was a peace officer. 5. The defendant’s conduct [threatened the safety of _________________ (name of peace officer);]6 [or] [challenged the authority of _________________ (name of peace officer);] 6. This happened in New Mexico on or about the __________ day of ___________, ________.