New Mexico Forms Library

Decision Information

Form 14-3103. Controlled substance; distribution; essential elements.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Chapter 30 - Criminal Offenses - cited by 5,978 documents

Decision Content

14-3103. Controlled substance; distribution; essential elements.

            For you to find the defendant guilty of  "distribution of __________________2" [as charged in Count __________]3, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant [transferred]4 [caused the transfer of] [attempted to transfer] __________________2 to another;

            2.         The defendant knew it was __________________2 [or believed it to be __________________2]5 [or believed it to be some drug or other substance the possession of which is regulated or prohibited by law];

            3.         This happened in New Mexico on or about the __________ day of ______________, __________.

 

USE NOTES

            1.         This instruction is not applicable to narcotic drugs in Schedules I or II of 30-31-6 and 30-31-7 NMSA 1978.

            2.         Identify the substance.

            3.         Insert the count number if more than one count is charged.

            4.         Use only the applicable alternatives.

            5.         Use applicable alternative or alternatives if there is evidence that the defendant believed the substance to be some controlled substance other than that charged.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.