NM NMRA 14-5182. Defense of another; nondeadly force by defendant.

State: New Mexico

 

NEW MEXICO RULES ANNOTATED (N.M.R.A.)

Uniform Jury Instructions — Criminal

Chapter 51. Justification and Defense

Part J. Nonhomicidal Defense of Self, Others or Property

NM NMRA 14-5182. Defense of another; nondeadly force by defendant.1 

Evidence has been presented that the defendant acted while defending another person.

The defendant acted in defense of another if:

1.  There was an appearance of immediate danger of bodily harm to __________________2 as a result of __________________3; and

2.  The defendant believed that __________________2 was in immediate danger of bodily harm from __________________ (name of victim) and __________________4 to prevent the bodily harm; and

3.  The defendant used an amount of force that the defendant believed was reasonable and necessary to prevent the bodily harm; and

[4.  The force used by defendant ordinarily would not create a substantial risk of death or great bodily harm; and]5

5.  The apparent danger to __________________2 would have caused a reasonable person in the same circumstances to act as defendant did.

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in defense of __________________2. If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.

USE NOTE

1.  For use in nonhomicide cases when the defense theory is based upon: a reasonable ground to believe a design exists to commit an unlawful act; a reasonable ground to believe a design exists to do bodily harm; or a defense of spouse, or other member of the family, a necessary defense against any unlawful action. If this instruction is given, add to the essential elements instruction for the offense charged, “The defendant did not act in defense of __________________”2.

2.  Give the name of the person in apparent danger, if known, and the relationship to defendant, if any. More than one person may be included.

3.  Describe unlawful act which would result in some bodily harm as established by the evidence. Give at least enough detail to put the act in the context of the evidence.

4.  Describe the act of defendant; e.g., “struck Richard Roe”, “choked Richard Roe”.

5.  Use bracketed material only if the defendant’s action resulted in death or great bodily harm. The definition of great bodily harm, UJI 14-131, must be given if not already given.

[See also New Mexico Uniform Jury Instruction (U.J.I.) 14-5182.]