UJI 14-622. Child abuse resulting in death; reckless disregard; child under 12; essential elements.

For you to find ____________________ (name of defendant) guilty of child abuse with reckless disregard resulting in death of a child under twelve (12) years of age, [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); [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;]6 5. _______________________ (name of defendant)’s conduct resulted in the death of ______________________ (name of child); 6. _______________________ (name of child) was under the age of twelve (12); 7. This happened in New Mexico on or about the ____________ day of ______________, ________.