New Mexico Forms Library

14-1693. Fraudulent acts by merchants or their employees; fraudulently furnishing something of value; essential elements.

            For you to find the defendant guilty of fraudulently furnishing something of value [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.         In his capacity as [a merchant]² [an employee of ________________]³,the defendant [furnished] [allowed to be furnished]³ __________________ (describe money, goods or services furnished);

            2.         These goods or services had a market value⁴ [over _____________];⁵

            3.         The defendant accepted for payment a credit card² that he knew was being used to deceive or cheat;

            4.         The defendant intended to deceive or cheat;

            5.         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 "merchant" or "credit card" the statutory definition set forth in Section 30-16-25 NMSA 1978 is to be given.

            3.         Use applicable bracketed phrase.

            4.         See UJI 14-1602 NMRA for definition of "market value."

            5.         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.

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