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14-1647. Insurance; false or fraudulent account; essential elements.

            For you to find the defendant guilty of making preparing, making or signing a false or fraudulent account, [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 prepared, made or signed a false or fraudulent [account,]2 [certificate,] [affidavit] [proof of loss] [or] [__________________ (other document)];

            2.         The defendant intended that the [account,]2 [certificate,] [affidavit] [proof of loss] [or] [_________________ (other document)] be presented or used in support of a claim for payment of a loss under an insurance policy;

            3.         The defendant [knew the statement to be untrue]2 [acted with reckless disregard of the truth];

            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.         Use only applicable alternative or alternatives.

[Approved, effective January 20, 2005.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.