New Mexico Forms Library

14-1691. Fraudulent use of credit card by person representing that he is the cardholder; essential elements.

            For you to find the defendant guilty of fraudulent use of a credit card by representing that he was the cardholder [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 used a credit card² to obtain __________________ (describe money, goods or services obtained with the credit card);

            2.         These goods or services had a value [over _____________];³

            3.         The defendant was not the cardholder²;

            4.         The defendant represented by words or conduct [that he was the cardholder] [that he was authorized by the cardholder to use the credit card]⁴;

            5.         The defendant intended to deceive or cheat;

            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.         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.

            3.         Use this bracketed provision for goods and services 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 provision.

            4.         Use applicable bracketed phrase.

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