Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3815

[Name of defendant] is charged in count ___ with avoiding lawful telephone service

charges.

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. Intending to defraud [name of person providing telephone or telegraph service], [who/which]

provided [telephone/telegraph] service, [name of defendant] [intentionally/knowingly/willfully]

and unlawfully [aided/abetted/assisted/helped/caused] [name of person] to avoid the lawful

charge for [telephone/telegraph] service by:

A. Charging the service to an existing telephone number without the subscriber's

authority or permission; or

B. Charging the service to an existing credit card number without the subscriber's

authority or permission; or

C. Charging the service to an nonexistent telephone number; or

D. Charging the service to an nonexistent credit card number; or

E. Charging the service to a telephone number to which service had been

[suspended/terminated], where notice of the [suspension/termination] had been given to

the subscriber; or

F. Charging the service to a [revoked/cancelled/expired] credit card number, where notice

of the [revocation/cancellation/expiration] had been given to the credit card holder; or

G. Using a code, pre-arranged plan, or similar [stratagem/deception] or device where

[name of defendant] [sends/receives] information; or

H. [Physically/Electrically/Acoustically/Inductively/Otherwise] [re-arranging/tampering

with/making a connection with] a telephone or telegraph facility or equipment; or

I. Using telephone or telegraph service, knowing or having reason to believe that a

[re-arrangement/tampering/connection] existed at the time of use; or

J. Using a ___________ [specify deception, false pretense, trick, scheme, device,

conspiracy, agreement, or means]; or

K. Fraudulently using false, changed, or stolen identification; and

3. [Name of defendant] was previously convicted of ____________________ [specify violation

of § 97-25-54] in _____________ [list court and details of previous conviction] on __________

[list date of previous conviction],

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 of count _____.

Definition(s) in this Instruction:

In this instruction, “telecommunications service” means any service which charges a fee

to send or receive sounds, images, or data by a telephone, cell phone, or other

telecommunications device.