Massachusetts Jury Instruction Counterfeitei— - Possession with Intent to Defraud refers to the legal guidelines provided to a jury when deliberating a case involving the possession of counterfeit items with the intention to deceive or defraud others. This instruction aims to help jurors understand the specific elements of the crime and how they should analyze the evidence presented in order to reach a just verdict. Keywords: Massachusetts, Jury Instruction, Counterfeit, Possession, Intent to Defraud. It's important to note that the specific jury instructions may differ depending on the case and its circumstances. However, some variations or types of Massachusetts Jury Instruction Counterfeitei— - Possession with Intent to Defraud may include: 1. Elements of the crime: The instruction will typically outline the essential elements that the prosecution must prove beyond a reasonable doubt. These elements may include the possession of counterfeit items, the knowledge of their counterfeit nature, and the intent to defraud others. 2. Types of counterfeit items: The instruction may provide a definition or description of counterfeit items relevant to the specific case. It could include counterfeit currency, counterfeit identification cards, counterfeit merchandise, or any other items commonly counterfeited with the intent to deceive or defraud. 3. Possession: The instruction will emphasize that the defendant must have actual or constructive possession of the counterfeit items. Actual possession refers to having physical control over the items, while constructive possession means having the ability to exercise control over them, even if they are not physically present. 4. Intent to defraud: The instruction will explain that the prosecution must establish the defendant's specific intent to deceive or defraud others by possessing the counterfeit items. Intent can be inferred from the defendant's actions, statements, or other circumstantial evidence. 5. Knowledge of counterfeit nature: The instruction may state that the prosecution needs to prove that the defendant was aware or had reason to believe that the items in their possession were counterfeit. Lack of knowledge or a genuine belief in the authenticity of the items may be a valid defense. 6. Burden of proof: The instruction will emphasize that the burden of proof lies with the prosecution, who must prove the defendant's guilt beyond a reasonable doubt. It may also explain the concept of reasonable doubt and its role in forming a verdict. These are just some potential components of Massachusetts Jury Instruction Counterfeitei— - Possession with Intent to Defraud. It is essential to consult the specific jury instructions in each case, as they may vary based on the specific facts and applicable laws.
Massachusetts Jury Instruction - Counterfeit - Possession with Intent to Defraud
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FAQ
Under common law, uttering is when a person offers as genuine a forged instrument with the intent to defraud.
District Court jurisdiction over uttering offenses. General Laws c. 267, § 5 is a 10-year felony that punishes anyone who ?with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in [G.L. c.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Uttering is a crime that involves the act of passing or using a forged document, like uttering a forged check. The crimes of uttering and forgery are closely related and we often see them both charged in the same complaint or indictment.
Uttering is passing that document to someone with the intent to defraud. So, if you made a counterfeit $100 bill, that would be forgery. If you gave that counterfeit bill to a convenience store in exchange for groceries, that would be uttering.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
A conviction on forgery in Massachusetts can result in punishment of imprisonment in the state prison for up to ten years or a jail or house of correction sentence of up to two years.