New Mexico Forms Library

14-1694. Fraudulent acts by merchants or their employees; representing that something of value has been furnished; essential elements.

            For you to find the defendant guilty of fraudulently representing that something of value has been furnished [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.         In the defendant’s capacity as [a merchant²] [an employee of __________________]³, the defendant falsely represented in writing to __________________ (issuer or participating party²) that he furnished __________________ (describe money, goods or services allegedly furnished) on a credit card² of the issuer², which had a market value⁴ of __________________⁵;

            2.         The defendant [did not furnish such goods or services]³ [furnished goods or services of a market value only of __________________⁵]³;

            [3.        The difference between the represented market value and the actual market value is ______________⁶];

            4.         The defendant intended to deceive or cheat; and

            5.         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.         If the jury requests a definition of "merchant," "credit card," "issuer" or "participating party," the statutory definition set forth in Section 30-16-25 NMSA 1978 is to be given.

            3.         Use applicable alternative.

            4.         See UJI 14-1602 for definition of "market value."

            5.         Insert the applicable represented or actual value.

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

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