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14-1650. Receiving stolen property; essential elements.

            For you to find the defendant guilty of receiving stolen property [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 __________________ (describe the property in question) had been stolen [by another]2;

            2.         The defendant [acquired possession3 of] [kept] [disposed of]4 this property;

            3.         At the time the defendant [acquired possession3 of] [kept] [disposed of]4 this property, the defendant knew or believed that it had been stolen;

            [4.        The property was a firearm;]5

            [5.        The property had a market value6 [of over $ __________]7;]8

            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.         This bracketed material must be used for a charge of receiving (acquiring possession of) stolen property. It must not be used for a charge of either retaining (keeping) stolen property or disposing of stolen property.

            3.         Use UJI 14-130 if possession is in issue.

            4.         Use only applicable bracketed phrase.

            5.         Use this element if the stolen property is a firearm.

            6.         See UJI 14-1602 for definition of market value.

            7.         Use this bracketed provision for property other than money if the value is over $250.  State whether the value of the property 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 provision.

            8.         This bracketed provision need not be used if the property is a firearm with a value of less than $2,500.

[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.] 

 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.