Uniform Jury Instructions – Criminal
Chapter 14. Uniform Jury Instructions—Criminal
Chapter 51. Justification and Defense
Part J. Nonhomicidal Defense of Self, Others or Property

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

An issue in this case is whether 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 NOTES

1. For use in cases when the defense theory is based on (1) a reasonable ground to believe a design exists to commit an unlawful act or do bodily harm against another; or (2) a defense of spouse or other family member 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 NMRA, must be given if not already given.

[As amended, effective January 1, 1997; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.].

 

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