UJI 14-313. Aggravated assault; 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 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 victim) 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 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;6 3. A reasonable person in the same circumstances as __________ (name of victim) would have had the same belief; AND 4. The defendant also intended to [kill] [or]2 [commit __________3] on __________ (name of victim); 5. This happened in New Mexico on or about the ___ day of __________, ______. Committee commentary — This instruction combines UJI 14-311 NMRA and UJI 14- 312 NMRA. See committee commentary for UJI 14-311 NMRA.