New Mexico Forms Library

Decision Information

Decision Content

14-1601. Larceny; essential elements.

            For you to find the defendant guilty of larceny [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 took and carried away2 __________________ (describe property), belonging to another, which had a market value3 [over $ __________4];5

            2.         At the time he took this property, the defendant intended to permanently deprive the owner of it;

            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 UJI 14-1603 if "asportation" is in issue.

            3.         See UJI 14-1602 for definition of market value.  Use this bracketed provision for property other than money if the value is over $250.  State whether the value of merchandise at issue is "over $250," "over $500," "over $2,500," or "over $20,000."  If the charge is a petty misdemeanor ($250 or less), do not use this bracketed provision.

            4.         If the charge is a second degree felony (over $20,000), use $20,000 in the blank.  If the charge is a third degree felony (over $2,500), use $2,500 in the blank. If the charge is a fourth degree felony (over $500), use $500 in the blank.  If the charge is a misdemeanor (over $250), use $250 in the blank.

            5.         This bracketed provision should not be used if: (a) the property is a firearm with a value of less than $2,500; (b) if the property is livestock; or (c) if the property has a value of less than $250.00 or less. In these cases, value is not in issue.

[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.