New Mexico Forms Library

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14-1646. Insurance; false claims or proof of loss; essential elements.

            For you to find the defendant guilty of making a [false claim]1 [false proof of loss]1 [as charged in Count ________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant [presented]3 [or] [caused to be presented] [a false or fraudulent claim]1 [any proof in support of a false or fraudulent claim for payment of loss under an insurance policy];

            2.         The [claim] [proof in support of a claim for payment] was made for the purpose of obtaining any money or benefit;

            3.         The defendant [knew the statement to be untrue]2 [or] [acted with reckless disregard of the truth];

            4.         This happened in New Mexico on or about the ______ day of __________________, ______.

 

USE NOTES

            1.         If both making a false claim and presenting proof in support of a fraudulent claim are in issue, a separate elements instruction must be prepared for each issue.

            2.         Insert the count number if more than one count is charged.

            3.         Use applicable alternative or alternatives.

[Approved, effective January 20, 2005.]

 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.