UJI 14-360 NMRA
UJI 14-360. Aggravated assault on a [school employee] [health care worker]; attempted battery; threat or menacing conduct with intent to commit a felony; essential elements.
For you to find the defendant guilty of aggravated assault on a
__________________1 with intent to commit __________________2 [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 also intended to commit the crime of __________________;2
5. At the time, __________________ (name of victim) was a
__________________1 and was performing the duties of a __________________1;6
6. The defendant knew __________________ (name of victim) was a
________________;1
7. This happened in New Mexico on or about the ______ day of ______________,
_______.