New Mexico Forms Library
Decision Information
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,783 documents
Decision Content
14-4302. Fraudulent practices; sale of securities; essential elements.
For you to find the defendant guilty of fraudulent practices [as charged in Count __________],1 the State must prove beyond a reasonable doubt each of the following elements of the crime:
1. The defendant [offered to sell] [sold] [offered to purchase] [or] [purchased]2 a security;3
2. In connection with the [offer to sell] [sale] [offer to purchase] [or] [purchase]2 of the security, the defendant purposely and directly or indirectly:
[used a plan or scheme to deceive or cheat others;]2
[OR]
[made an untrue statement of fact that under the circumstances would have been important or significant to the investment decision of a reasonable person;]
[OR]
[omitted a fact that under the circumstances would have been misleading to the investment decision of a reasonable person;]
[OR]
[engaged in an act, practice or course of business which would cheat or would operate as a fraud or deceit upon a reasonable person;]
3. This happened in New Mexico on or about the __________ day of ______________, __________.4
USE NOTES
1. Insert the Count Number if more than one count is charged.
2. Use only the applicable alternatives.
3. UJI 14-4310 NMRA, the definition of “security”, must also be given immediately after this instruction.
4. UJI 14-141 NMRA, General criminal intent, must also be given.
[Approved, effective September 1, 1988; as amended by Supreme Court Order No. 21-8300-009, effective for all cases filed or pending on or after December 31, 2021.]