New Mexico Forms Library

14-1683. Fraudulent transfer of a credit card; essential elements.

            For you to find the defendant guilty of fraudulent transfer of a 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 transferred possession² of a credit card³ to a person other than the cardholder³;

            2.         The defendant intended to deceive or cheat;

            3.         The defendant was not the issuer³ or an authorized agent of the issuer;

            4.         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.         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.