New Mexico Forms Library

14-4201.  Money laundering; financial transaction to conceal or disguise property, OR to avoid reporting requirement; essential elements.

For you to find the defendant guilty of money laundering [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 [conducted] [structured] [engaged in] [participated in]² a financial transaction³ by __________ (describe the financial transaction);

2.         The defendant knew that the property⁴ involved in the financial transaction [was] [was represented to be]² the proceeds of ___________ (name the specified unlawful activity)⁵;

[3.        The _________________ (name the alleged activity) was committed for financial gain;]⁶

4.         The defendant knew that the financial transaction was designed, in whole or in part, to [[conceal]² [or] [disguise] the nature, location, source, ownership, or control of the property]²

[OR]

[avoid a transaction reporting requirement under state or federal law];

[5.        The financial transaction involved over $ _______________ ⁷;] and

6.         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.         Use the applicable alternative or alternatives.

3.         Unless the parties stipulate that the transaction was a “financial transaction,” give the definitions in UJI 14-4205(D) & (E) NMRA.

4.         Unless the parties stipulate that the transaction involved “property,” give the definition in UJI 14-4205(F) NMRA.

5.         Unless the court already has instructed on the specified unlawful activity, the essential elements of the felony should be given immediately following this instruction. See UJI 14-4205(H), Use Note 8.

6.         Rarely applicable. Consult UJI 14-4205(H) NMRA (“specified unlawful activity”) to determine if the jury must make an additional factual finding under this bracketed element that the transaction involved proceeds from conduct which constitutes a felony only if committed “for financial gain.”

7.         If the charge is a second degree felony (over $100,000), use $100,000 in the blank.  If the charge is a third degree felony (over $50,000), use $50,000 in the blank. If the charge is a fourth degree felony (over $10,000), use $10,000 in the blank.  If the charge is a misdemeanor ($10,000 or less), omit element 5.

[Adopted by Supreme Court Order No. 17-8300-012, effective for all cases pending or filed on or after December 31, 2017.]