Proposed Mississippi Plain Language Model Jury Instructions - Criminal 3819

[Name of defendant] is charged in count ___ with allowing a valid calling card or code,

credit card, or other device to be used by another person to avoid paying for lawful

telecommunications services.

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] held a ______________ [specify calling card, calling code, credit card, or

other means or device for legal use of telecommunications services]; and

3. [Name of defendant] unlawfully received [money/something of value] for

[intentionally/knowingly] allowing [name of person] to use [name of defendant]'s

______________ [specify calling card, calling code, credit card, or other means or device for

legal use of telecommunications services] to fraudulently receive telecommunications services;

and

4. [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.