UJI 14-306. Aggravated assault; attempted battery; threat or menacing conduct with a deadly weapon; essential elements.1

For you to find the defendant guilty of aggravated assault 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 victim) 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 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;5 3. A reasonable person in the same circumstances as __________________ (name of victim) would have had the same belief; AND 4. The defendant used2 a [__________________]6 [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 harm 7];8 and 5. This happened in New Mexico on or about the ____________ day of ______________, ________.