New Mexico Uniform Jury Instructions (UJI)
NM UJI 14-5182. Defense of another; nondeadly force by defendant.
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 __________________(person in danger) as a result of __________________(act); and
2. The defendant believed that __________________(person in danger) was in immediate danger of bodily harm from __________________ (name of victim) and __________________(defensive act) 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] (only to be used if death or great bodily harm resulted)
5. The apparent danger to __________________(person in danger) 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 __________________(person in danger). If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.
[See also New Mexico Rules Annotated (N.M.R.A.) 14-5182.]