14-240A. Injury to pregnant woman by vehicle; essential elements.
For you to find the defendant guilty of causing injury to a pregnant woman by vehicle [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 operated a motor vehicle2
[while under the influence of intoxicating liquor3;]4
[while under the influence of ________, a drug5;]
[in a reckless manner6;]
2. The defendant thereby caused7 __________________ (name of victim) to suffer a [miscarriage8]4 [or] [stillbirth8].
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. See Section 66-1-4.11 NMSA 1978 for the definition of a motor vehicle.
3. Instruction 14-243, the definition of under the influence of intoxicating liquor, must be given if this element is given.
4. Use only applicable alternative or alternatives.
5. Instruction 14-245, the definition of under the influence of a drug, must be given if this element is given.
6. Instruction 14-241, the definition of driving in a reckless manner, must be given if this element is given.
7. If causation is in issue, Instruction 14-251, the definition of causation, must be given.
8. If requested, Instruction 14-246, the definition of miscarriage or stillbirth, may be given.
[Adopted, effective May 1, 1997.]