New Mexico Forms Library

14-1681. Possession of stolen credit card; essential elements.

            For you to find the defendant guilty of possession of a stolen credit card [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 possessed² a credit card³ issued to ________________________;

            2.         At the time the defendant acquired the credit card, the defendant knew or had reason to know that the credit card had been stolen;

            3.         At the time the defendant acquired the credit card, the defendant intended to [use the credit card]⁴ [sell or transfer the credit card to another person other than to the cardholder or issuer³];

            4.         This happened in New Mexico on or about the ____________ day of ________________________, ________.

USE NOTES

            1.         Insert the count number if more than one count.

            2.         UJI 14-130, "Possession" defined, is to be given if the question of possession is in issue.

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

            4.         Use applicable alternative.

[As amended, effective March 15, 1995.]