New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,757 documents
Decision Content
14-1694. Fraudulent acts by merchants or their employees; representing that something of value has been furnished; essential elements.
For you to find the defendant guilty of fraudulently representing that something of value has been furnished [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 the defendant’s capacity as [a merchant2] [an employee of __________________]3, the defendant falsely represented in writing to __________________ (issuer or participating party2) that he furnished __________________ (describe money, goods or services allegedly furnished) on a credit card2 of the issuer2, which had a market value4 of __________________5;
2. The defendant [did not furnish such goods or services]3 [furnished goods or services of a market value only of __________________5]3;
[3. The difference between the represented market value and the actual market value is ______________6];
4. The defendant intended to deceive or cheat; and
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," "credit card," "issuer" or "participating party," the statutory definition set forth in Section 30-16-25 NMSA 1978 is to be given.
3. Use applicable alternative.
4. See UJI 14-1602 for definition of "market value."
5. Insert the applicable represented or actual value.
6. If the charge is a second degree felony (over $20,000), use "over $20,000" in the blank. If the charge is a third degree felony (over $2,500), use "over $2,500" in the blank. If the charge is a fourth degree felony (over $500), use "over $500" in the blank. If the charge is a misdemeanor (over $250), use "over $250" in the blank. If the charge is a petty misdemeanor (under $250), use "under $250" in the blank.
[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]