New Mexico Forms Library
Decision Information
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,783 documents
Decision Content
14-4201. Money laundering; financial transaction to conceal or disguise property, OR to avoid reporting requirement; essential elements.
For you to find the defendant guilty of money laundering [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 [conducted] [structured] [engaged in] [participated in]2 a financial transaction3 by __________ (describe the financial transaction);
2. The defendant knew that the property4 involved in the financial transaction [was] [was represented to be]2 the proceeds of ___________ (name the specified unlawful activity)5;
[3. The _________________ (name the alleged activity) was committed for financial gain;]6
4. The defendant knew that the financial transaction was designed, in whole or in part, to [[conceal]2 [or] [disguise] the nature, location, source, ownership, or control of the property]2
[OR]
[avoid a transaction reporting requirement under state or federal law];
[5. The financial transaction involved over $ _______________ 7;] and
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. Use the applicable alternative or alternatives.
3. Unless the parties stipulate that the transaction was a “financial transaction,” give the definitions in UJI 14-4205(D) & (E) NMRA.
4. Unless the parties stipulate that the transaction involved “property,” give the definition in UJI 14-4205(F) NMRA.
5. Unless the court already has instructed on the specified unlawful activity, the essential elements of the felony should be given immediately following this instruction. See UJI 14-4205(H), Use Note 8.
6. Rarely applicable. Consult UJI 14-4205(H) NMRA (“specified unlawful activity”) to determine if the jury must make an additional factual finding under this bracketed element that the transaction involved proceeds from conduct which constitutes a felony only if committed “for financial gain.”
7. If the charge is a second degree felony (over $100,000), use $100,000 in the blank. If the charge is a third degree felony (over $50,000), use $50,000 in the blank. If the charge is a fourth degree felony (over $10,000), use $10,000 in the blank. If the charge is a misdemeanor ($10,000 or less), omit element 5.
[Adopted by Supreme Court Order No. 17-8300-012, effective for all cases pending or filed on or after December 31, 2017.]