UJI 14-380 NMRA
UJI 14-380. Aggravated assault; attempted battery; threat or menacing conduct with intent to commit a felony; "household member", essential elements.1
For you to find the defendant guilty of aggravated assault 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 intentionally __________________ (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. ________________ (name of victim) was a household member of the
defendant;6
6. This happened in New Mexico on or about the __________ day of
______________, ________.