Presumption of Intent to Harm or Defraud Another

The law provides for a presumption that may apply in this case. This presumption can apply only if you find the state has proved, beyond a reasonable doubt, that the defendant acted with respect to two or more of the same type of governmental records and each governmental record was a license, certificate, permit, seal, title, or similar document issued by government.

If you find the state has proved, beyond a reasonable doubt, that the defendant acted with respect to two or more of these governmental records, then you may infer from this fact that the defendant had the intent to harm or defraud another. You are not, however, required to infer or find this even if you find that the defendant acted with respect to two or more of the same type of governmental records and each governmental record was a license, certificate, permit, seal, title, or similar document issued by government.

If you have a reasonable doubt about whether the defendant acted with respect to two or more of the same type of governmental records or about whether each governmental record was a license, certificate, permit, seal, title, or similar document issued by government, the presumption does not arise or apply. In that case, you will not consider this presumption for any purpose.

If you conclude you cannot apply the presumption or you choose not to apply it, you must still consider whether—without reference to the presumption—the evidence proves beyond a reasonable doubt that the defendant intended to harm or defraud another.

If you apply this presumption, you may conclude that the state has proved intent to harm or defraud another. If you do decide to apply the presumption to show the state has proved intent to harm or defraud another, you must still find, beyond a reasonable doubt, that the state has proved the remaining elements that it must prove. These remaining elements are that [include elements of the charged offense].

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]