Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3817

[Name of defendant] is charged in count ___ with possessing telecommunications devices

with the intent to sell.

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 possessed ten (10) or more telecommunications devices

intending to [sell/offer for sale] to [name of person], who intended to avoid payment of lawful

charges for service to the devices;

OR

2B. [Name of defendant] unlawfully [made/distributed/possessed/used/assembled] ten (10) or

more unlawful telecommunications devices;

OR

2C. [Name of defendant] unlawfully [modified/changed/altered/programmed/reprogrammed] ten

(10) or more telecommunications devices, which were designed, adapted, or could be used to

commit a theft of telecommunications service;

OR

2D. [Name of defendant] unlawfully [modified/changed/altered/programmed/reprogrammed] ten

(10) or more telecommunications devices, which were designed, adapted, or could be used to

acquire or [facilitate/assist] the acquisition of telecommunications service, without the consent of

the telecommunications service provider;

OR

2E. [Name of defendant] unlawfully [modified/changed/altered/programmed/reprogrammed] ten

(10) or more telecommunications devices, which were designed, adapted, or could be used to

conceal or to assist another person to conceal from a telecommunications service provider, or

from a lawful authority, the existence, place of origin, or destination of a communication,

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 device” means any type of device or equipment

which transmits or receives telephonic, electronic, or radio communications.

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.

In this instruction, “telecommunications service provider” means any business which

charges a fee to send, display, distribute, or store data, images, text, video, or voice sounds by

wire or wireless means.