14-1641. Embezzlement; essential elements.
For you to find the defendant guilty of embezzlement [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 was entrusted with __________________2. [This __________________ (property) had a market value3 [of $ __________;]4]
2. The defendant converted this __________________ (property or money) to the defendant's own use. "Converting something to one's own use" means keeping another's property rather than returning it, or using another's property for one's own purpose [rather than]5 [even though the property is eventually used] for the purpose authorized by the owner;
3. At the time the defendant converted __________________ (property or money), the defendant fraudulently intended to deprive the owner of the owner's property. "Fraudulently intended" means intended to deceive or cheat;
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. Describe property. If money is involved, state the amount.
3. See UJI 14-1602 for definition of "market value".
4. Use this bracketed provision for property other than money if the value is over $250. State whether the value alleged to have been embezzled or converted 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.
5. Use the applicable bracketed phrase.
[As amended, effective March 15, 1995; as amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]