UJI 14-1673 NMRA
UJI 14-1673. Defense of notice to payee that check is worthless.1
An issue you must consider [in Count __________]2 is whether
__________________3 was on notice that the check was an insufficient funds check
when __________________3 accepted the check. If __________________3 was on
notice that the check was an insufficient funds check, then you must find the defendant
not guilty [of Count __________]2.
A person who accepts a check is on notice that it is an insufficient funds check if:
[The check is postdated; that is, dated later than the day that the check is delivered]4
[or]
[The person who accepts the check (knows)5 (has been told) (has reason to believe)
that at the time the check was delivered and accepted, the person who signed the
check did not have on deposit (or to their credit)6 sufficient funds to insure payment of
the check when it reached the bank].
The burden is on the state to prove beyond a reasonable doubt that
__________________3 was not on notice that the check was an insufficient funds
check.