UJI 14-2200B. Assault on a peace officer; attempted battery; threat or menacing conduct; 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; OR 1. The defendant __________________ (describe unlawful act, threat, or menacing conduct); 2. The defendant’s conduct caused __________________ (name of peace officer) to believe the defendant was about to intrude on __________________’s (name of peace officer) bodily integrity or personal safety by touching or applying force to __________________ (name of peace officer) in a rude, insolent, or angry manner; 3. A reasonable person in the same circumstances as __________________ (name of peace officer) would have had the same belief; AND 4. At the time, ___________________ (name of peace officer) was a peace officer and was performing duties of a peace officer5; 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);]6 [or] [challenged the authority of _________________ (name of peace officer);] 7. This happened in New Mexico on or about the __________ day of ___________, ________.