New Mexico Forms Library

Decision Information

Decision Content

14-1651. Receiving stolen property; dealers; statutory presumptions on knowledge or belief.1

            If you find that the defendant was a person in the business of buying and selling goods and2

[was in possession or control of property stolen from two or more persons on separate occasions]

[acquired stolen property for a price which he knew was far below the property's market3 value]

[had possession of five or more items of stolen property within one (1) year prior to his possession of the property involved in this charge]

you may, but are not required to, find that the defendant knew or believed that the property involved in this case had been stolen. However, you may do so only if, upon consideration of all the evidence, you are convinced beyond a reasonable doubt that the defendant knew or believed that the property had been stolen.

 

USE NOTES

            1.         For use when the state relies on the statutory presumption to prove the defendant's knowledge or belief that the goods were stolen.

            2.         Use only the applicable presumptions.

            3.         See UJI 14-1602 for the definition of market value.

 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.