CR28-261 11/20/09




The State has charged (Def)_______________ with obtaining [money] [property] by false pretenses, as follows:

[Read the charge.]


Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,


(1)     (Def)______________;


(2)     designedly used false pretenses;


(3)     to obtain [money] [property] from (victim)_______________; and


(4)     [he] [she] acted with intent to defraud.


The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ designedly used false pretenses. A false pretense is a false representation, which may have been written, oral or unspoken. To act designedly means to act knowingly and not inadvertently or by mistake. The State must have proven that (Def)_______________ knowingly made a false representation that was designed to mislead (victim)_______________.

The third essential element is that (Def)_______________ used the false representation to obtain [money] [property] from (victim)_______________. The State must have proven that (victim)_______________ materially relied upon (Def)_______________s misrepresentation. A material misrepresentation is one to which a reasonable person would attach importance in deciding how to act, or to which (Def)_______________ had reason to know that (victim)_______________ would attach some importance.

The last essential element is that (Def)_______________ acted with intent to defraud. [He] [She] must have acted on purpose, with the conscious objective of cheating (victim)_______________, by unfairly depriving [him] [her] of [his] [her] [money] [property].

The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. In determining (Def)_______________s intent, you should consider all of the surrounding facts and circumstances.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.