UJI 14-615. Child abuse resulting in great bodily harm; essential elements.

For you to find __________________ (name of defendant) guilty of child abuse resulting in great bodily harm, [as charged in Count ______],1 the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. _____________ (name of defendant) ______________________________________ (describe conduct or course of conduct alleged to have been child abuse).2 2. By engaging in the conduct described in Paragraph 1, ___________________ (name of defendant) [caused] [or] [permitted]3 _________________ (name of child) [to be placed in a situation that endangered the life or health of __________________ (name of child)];4 [OR] [to be exposed to inclement weather;] [OR] [to be [tortured] [or] [cruelly confined] [or] [cruelly punished]]; 3. _________________ (name of defendant) showed a reckless disregard [without justification]5 for the safety or health of _________________ (name of child). To find that __________________ (name of defendant) showed a reckless disregard, you must find that __________________ (name of defendant)’s conduct was more than merely negligent or careless. Rather, you must find that _________________ (name of defendant) [caused] [or] [permitted]3 a substantial and unjustifiable risk of serious harm to the safety or health of _________________ (name of child). A substantial and unjustifiable risk is one that any law-abiding person would recognize under similar circumstances and that would cause any law-abiding person to behave differently than _________________ (name of defendant) out of concern for the safety or health of _________________ (name of child);6 [4. __________________ (name of defendant) was a parent, guardian or custodian of the child, or __________________ (name of defendant) had accepted responsibility for the child’s welfare];7 5. __________________ (name of defendant)’s conduct resulted in great bodily harm8 to __________________ (name of child); 6. _____________________ (name of child) was under the age of eighteen (18); 7. This happened in New Mexico on or about the ____________ day of ______________, ________.