14-2250. Assault by a prisoner; essential elements.
For you to find the defendant guilty of assault 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 __________________ (describe act, threat or menacing conduct);
2. This caused __________________ (name of officer, employee or visitor)2 to believe he was about to be killed or to receive great bodily harm3;
3. A reasonable person in the same circumstances would have had the same belief;
4. At the time, the defendant was confined at __________________4;
5. 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 as to whether victim was an officer, employee or visitor, a special instruction must be drafted.
3. The definition of "great bodily harm," UJI 14-131, must also be given.
4. Identify the place of custody or confinement.