New Mexico Forms Library

14-4202.  Money laundering; financial transaction to further or commit another specified unlawful activity; essential elements.

For you to find the defendant guilty of money laundering [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 [conducted] [structured] [engaged in] [participated in]² a financial transaction³ by ___________ (describe the financial transaction);

2.         The defendant knew that the property⁴ involved in the financial transaction [was] [was represented to be]² the proceeds of ___________ (name the specified unlawful activity)⁵;

[3.        The _________________ (name the alleged activity) was committed for financial gain;]⁶

4.         The defendant ______________ (name the action(s) from Element 1) the financial transaction for the purpose of [committing] [or] [furthering the commission of]² _____________ (name the specified unlawful activity)⁷;

[5.        The financial transaction involved over $ _______________⁸;] and

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.         Use the applicable alternative or alternatives.

3.         Unless the parties stipulate that the transaction was a “financial transaction” give the definitions in UJI 14-4205(D) and (E) NMRA.

4.         Unless the parties stipulate that the transaction involved “property,” give the definition in UJI 14-4205(F) NMRA.

5.         Unless the court already has instructed on the specified unlawful activity, the essential elements of the felony offense(s) should be given immediately following this instruction.  See UJI 14-4205(H), Use Note 8. 

6.         This element is rarely applicable. Consult UJI 14-4205(H) NMRA (“specified unlawful activity”) to determine if the jury must make an additional factual finding under this bracketed element that the transaction involved proceeds from conduct which constitutes a felony only if committed “for financial gain.”

7.         If the object of the financial transaction was a specified unlawful activity different from element 2, supra, unless the court already has instructed on the specified unlawful activity, the essential elements of the felony should be given immediately following this instruction. See UJI 14-4205(H), Use Note 8.

8.         If the charge is a second degree felony (over $100,000), use $100,000 in the blank.  If the charge is a third degree felony (over $50,000), use $50,000 in the blank. If the charge is a fourth degree felony (over $10,000), use $10,000 in the blank.  If the charge is a misdemeanor ($10,000 or less), omit element 5.

[Adopted by Supreme Court Order No. 17-8300-012, effective for all cases pending or filed on or after December 31, 2017.]