New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,757 documents
Decision Content
14-1691. Fraudulent use of credit card by person representing that he is the cardholder; essential elements.
For you to find the defendant guilty of fraudulent use of a credit card by representing that he was the cardholder [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 used a credit card2 to obtain __________________ (describe money, goods or services obtained with the credit card);
2. These goods or services had a value [over _____________];3
3. The defendant was not the cardholder2;
4. The defendant represented by words or conduct [that he was the cardholder] [that he was authorized by the cardholder to use the credit card]4;
5. The defendant intended to deceive or cheat;
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. If the jury requests a definition of "credit card" or "cardholder," the statutory definition set forth in Section 30-16-25 NMSA 1978 is to be given.
3. 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.
4. Use applicable bracketed phrase.
[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010.]