Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3818

[Name of defendant] is charged in count ___ with publishing a credit card number to use

to avoid paying lawful telephone 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 published the number or code of [a/an]

[existing/cancelled/revoked/expired/nonexistent] credit card, intending that it be used, or having

reason to believe that it would be used, to avoid payment of lawful telephone or telegraph toll

charges;

OR

2B. [Name of defendant] unlawfully published the numbering or coding, which was

[employed/used] in issuing credit cards, intending that it be used, or knowing or having reason to

believe that it would be used, to avoid payment of lawful telephone or telegraph toll charges; 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, “published” means communicating information to a person, either

verbally, in person, or by telephone, radio or television, or electronic means, including use of a

bulletin board system, a writing, a letter, a memorandum, a circular, a handbill, a newspaper, a

magazine article, or a book.