UJI 14-303. Assault; attempted battery; threat or menacing conduct; essential elements.1

For you to find the defendant guilty of assault [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 victim) by __________________;3 A battery consists of intentionally touching or applying force in a rude, insolent or angry manner;4 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 victim) to believe the defendant was about to intrude on __________________’s (name of victim) bodily integrity or personal safety by touching or applying force to __________________ (name of victim) in a rude, insolent or angry manner;4 and 3. A reasonable person in the same circumstances as __________________ (name of victim) would have had the same belief; AND 3. This happened in New Mexico on or about the __________ day of ______________, ________.