New Mexico Forms Library

14-1680. Theft of credit card; essential elements.

            For you to find the defendant guilty of theft of a credit card [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 took from the [person]² [possession³] [custody] [control] of another a credit card⁴ issued to __________________ without the cardholder's⁴ consent;

            2.         At the time the defendant took this credit card, the defendant intended to permanently deprive the cardholder of the card;

            3.         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.         UJI 14-130, "Possession" defined, is to be given if the question of possession is in issue.

            4.         If the jury requests a definition of "credit card" or "cardholder," the statutory definition set forth in Section 30-16-25 NMSA 1978 is to be given.