Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3730

[Name of defendant] is charged in count ___ with home repair fraud.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in __________ County;

2. [Name of defendant] [intentionally/knowingly] entered into a [written/verbal]

[agreement/contract] with [name of person] for home repairs; and

3. [Name of defendant] [intentionally/knowingly] and unlawfully:

A. Misrepresented [a/an] [material/important] fact relating to the terms of the contract or

agreement; or

B. Misrepresented the pre-existing or existing condition of a [portion/part] of the property

involved; or

C. [Created/Confirmed] another person's impression about the property that was false

and [name of defendant] did not believe to be true; or

D. Promised performance which [name of defendant] did not intend to perform; or

E. Promised performance which [name of defendant] knew would not be performed; or

F. [Used/Employed] a deception, false pretense, or false promise in order to

[induce/encourage/solicit] [name of person] to enter into the [contract/agreement]; or

G. [Misrepresented/Concealed] either [his/her] real name, the name of [his/her] business,

or [his/her] business address; or

H. Used deception, coercion, or force to [obtain/get] [name of person]'s consent to

[modify/change] the terms of the original [contract/agreement]; and

3. The amount of the home repair fraud was more than $5,000.00,

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty in count ___.

Definition(s) in this Instruction:

In this instruction, “home repair” means fixing, replacing, altering, converting,

modernizing, or improving real property primarily used as a residence, or building or making an

addition to real property primarily used as a residence.