14-1611. Shoplifting; alteration of label or container; essential elements.
For you to find the defendant guilty of shoplifting [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 [altered a label, price tag or marking upon __________________ (describe merchandise)]2 [transferred __________________ (describe merchandise) from the container [in] [on]2 which it was displayed to another container];
2. The [altered] [transferred]2 merchandise had a market value3 [over $ __________4];
[3. The [altered] [transferred]2 merchandise was offered for sale to the public in a store;]5
4. The defendant intended to deprive __________________ (name of merchant) of all or some part of the value of this merchandise;
5. 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 applicable alternative.
3. See UJI 14-1602 for definition of market value. Use this bracketed provision for merchandise if the value is over $250. State whether the value of the merchandise at issue 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 alternative.
4. If the charge is a second degree felony (over $20,000), use $20,000 in the blank. If the charge is a third degree felony (over $2,500), use $2,500 in the blank. If the charge is a fourth degree felony (over $500), use $500 in the blank. If the charge is a misdemeanor (over $250), use $250 in the blank.
5. For use if there is an issue as to whether or not the items were merchandise in a store.
[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]