UJI 14-356. Aggravated assault on a [school employee] [sports official] [health care worker]; attempted battery; threat or menacing conduct with a deadly weapon; essential elements.1

For you to find the defendant guilty of aggravated assault on a ______________2 by use3 of a deadly weapon [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 used3 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 harm8];9 5. At the time, __________________ (name of victim) was a __________________2 and was performing the duties of a __________________2;10 6. The defendant knew __________________ (name of victim) was a ________________;2 7. This happened in New Mexico on or about the ____ day of ____________, _____.