UJI 14-2815 NMRA
UJI 14-2815. Acts or declarations of co-conspirators; conditional admissibility; limiting instruction; withdrawal.
Evidence has been admitted concerning __________________. You may consider
such [acts] [remarks] against the [other] defendants if you find that the [acts] [remarks]
were authorized by them.
The [acts] [remarks] were authorized by a defendant if the defendant and the one
[doing the acts] [making the remarks] were in a [conspiracy to commit crime]
[partnership in crime] and the [acts] [remarks] were during and for the purpose of
helping in carrying out the [conspiracy] [partnership].
Unless you find by other evidence that the [acts] [remarks] were authorized by a
defendant, then you should not consider them against that defendant.
[If a (co-conspirator) (partner in crime) withdraws from a (conspiracy) (partnership in
crime), then the (acts) (remarks) of the others made after the withdrawal are not
authorized by, and should not be considered against, the one who withdraws.
In order to withdraw, a person must
(in good faith notify the others the person knows are involved that the person is no
longer involved in the [conspiracy] [partnership] and urge them to give it up.)
(make proper efforts to prevent the carrying out of the [conspiracy] [partnership in
crime] and end their participation in such a way as to remove the effect of their
assistance).]