Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3816

[Name of defendant] is charged in count ___ with possessing or selling a device to help

avoid paying lawful telephone or telegraph 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;

2A. [Name of defendant] unlawfully [made/possessed] [a/an] __________ [specify instrument,

apparatus, or device], intending to use it to avoid lawful telephone or telegraph charges, or to

[conceal/hide] the existence, place of origin, or destination of a telephone or telegraph message;

OR

2B. [Name of defendant] unlawfully [sold/gave/transferred] [a/an] __________ [specify

instrument, apparatus, or device] to [name of person], knowing or having reason to believe it

would be used to avoid lawful telephone or telegraph charges, or to [conceal/hide] the existence,

place of origin, or destination of a telephone or telegraph message;

OR

2C. [Name of defendant] unlawfully [offered/advertised] [a/an] __________ [specify instrument,

apparatus, or device], knowing or having reason to believe it would be used to avoid lawful

telephone or telegraph charges, or to [conceal/hide] the existence, place of origin, or destination

of a telephone or telegraph message;

OR

2D. [Name of defendant] unlawfully [sold/gave/transferred] to [name of person]

[plans/instructions/kits] for [making/assembling] [a/an] __________ [specify instrument,

apparatus, or device] that could be used to avoid lawful telephone or telegraph charges, or to

[conceal/hide] the existence, place of origin, or destination of a telephone or telegraph message;

OR

2E. [Name of defendant] unlawfully [offered/advertised] [plans/instructions/kits] for

[making/assembling] [a/an] __________ [specify instrument, apparatus, or device] that could be

used to avoid lawful telephone or telegraph charges, or to [conceal/hide] the existence, place of

origin, or destination of a telephone or telegraph message; 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.