UJI 14-383. Assault; attempted battery; threat or menacing conduct with intent to commit a violent felony; "household member"; essential elements.1

For you to find the defendant guilty of 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 ________________ (describe unlawful act, threat, or menacing conduct); ________________ (name of victim) by ________________;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;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. ________________ (name of victim) was a household member of the defendant;7 6. This happened in New Mexico on or about the ________ day of _____________, _____.