New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,757 documents
Decision Content
14-2254. Possession of a deadly weapon by a prisoner; essential elements.
For you to find the defendant guilty of possession of a deadly weapon by a prisoner [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. The defendant was in custody or confinement2 at __________________3;
2. The defendant was in possession4 of a [__________________ (a deadly weapon)5].
[OR]
The defendant possessed a __________________ (name of object). A __________________ (name of object) is as deadly weapon only if you find that if used as a weapon, a __________________ (name of object) could cause death or great bodily harm6]7;
3. This happened in New Mexico on or about the ____________ day of ______________, ________.
USE NOTES
1. Insert the count number if more than one count is charged.
2. If there is a question of fact involving the lawfulness of the custody or confinement, an appropriate instruction must be prepared.
3. Identify the place of custody or confinement.
4. Use UJI 14-130 if possession is in issue.
5. Insert the name of the weapon. Use this alternative only if the deadly weapon is specifically listed in Section 30-1-12B NMSA 1978.
6. UJI 14-131, the definition of "great bodily harm", must also be given.
7. This alternative is given only if the instrument or object possessed is not specifically listed as a deadly weapon in Section 30-1-12B NMSA 1978.
[As amended, effective February 1, 2000.]