UJI 14-2203. Aggravated assault on a peace officer; attempted battery or threat or menacing conduct with a deadly weapon; essential elements.1

For you to find the defendant guilty of aggravated assault on a peace officer by use2 of a deadly weapon [as charged in Count __________________]3, 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 __________________4; A battery consists of intentionally touching or applying force in a rude, insolent, or angry manner.5 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 officer6; 5. The defendant knew ____________________ (name of peace officer) was a peace officer. 6. The defendant’s conduct5 [threatened the safety of __________________ (name of peace officer);]6 [or]7 [challenged the authority of __________________ (name of peace officer);] 7. The defendant [used] used2 a [__________________]7 [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 harm9]10; 8. This happened in New Mexico on or about the ____________ day of ______________, ________.