UJI 14-2209. Aggravated assault on a peace officer; attempted battery; threat or menacing conduct with intent to commit a violent felony; essential elements.1

For you to find the defendant guilty of aggravated assault on a peace officer with intent to [kill] [or]2 [commit __________]3 [as charged in Count __________],4 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 __________________;5 A battery consists of intentionally touching or applying force in a rude, insolent, or angry manner.6 2. The defendant began to do an act which constituted a substantial part of the battery but failed to complete 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;6 3. A reasonable person in the same circumstances as __________________ (name of peace officer) would have had the same belief; AND 4. The defendant also intended to [kill] [or]2 [commit __________________]3 on __________________ (name of peace officer); 5. At the time, __________________ (name of peace officer) was a peace officer and was performing the duties of a peace officer;7 6. The defendant knew ____________________ (name of peace officer) was a peace officer; 7. This happened in New Mexico on or about the __________ day of ___________, ________.