New Mexico Forms Library

14-1614. Organized retail crime; possession.

For you to find ____________ (name of defendant) guilty of organized retail crime [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.         ____________ (name of defendant) and another person or persons acted with an organized plan to [receive]² [purchase] [or] [possess³] merchandise stolen from [a retailer⁴]² [retailers];

2.         ____________ (name of defendant) knew or believed the merchandise was stolen;

3.         The aggregated retail market value⁵ of the merchandise stolen was two thousand five hundred dollars ($2,500) or more;

4.         This happened in New Mexico [on or about the ______________ day of ___________________, ____________]² [within the span of one year, between the ______________ day of _____________, ________________, ____________ and the _______________ day of __________________,___________].

USE NOTES

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

2.         Use the applicable alternative.

3.         Use UJI 14-130 NMRA if “possession” is in issue.

4.         If there is an issue about whether the merchandise was taken from a retailer, UJI 14-1618 NMRA, the definition of “retailer,” should be given.

5.         If there is dispute about the value of the merchandise, UJI 14-1617 NMRA, the definition of “aggregated retail market value,” should be given.

[Adopted by Supreme Court Order No. S-1-RCR-2025-00167, effective for all cases pending or filed on or after December 31, 2025.]