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Criminal Jury Instructions

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9.1-24  Fraudulent Use of an Automated Teller Machine -- § 53a-127b

Revised to December 1, 2007

The defendant is charged [in count __] with fraudulent use of an automated teller machine.  The statute defining this offense reads in pertinent part as follows:

a person is guilty of fraudulent use of an automated teller machine when, with intent to <insert as appropriate:>

  • deprive another of property,

  • appropriate property to (himself /herself) or a third person,

such person knowingly uses in a fraudulent manner an automated teller machine for the purpose of obtaining property.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Used automated teller machine
The first element is that the defendant used an automated teller machine, which is defined by statute as an unmanned device at which banking transactions including, without limitation, deposits, withdrawals, advances, payments and transfers may be conducted, and includes, without limitation, a satellite device and point of sale terminal.  A "point of sale terminal" means a device located in a commercial establishment at which sales transactions can be charged directly to the buyer's deposit, loan or credit account, but at which deposit transactions cannot be conducted.1

Element 2 - Fraudulent manner
The second element is that the defendant knowingly used the automated teller machine in a fraudulent manner.  A "fraudulent manner" means a deliberately planned purpose and intent to cheat or deceive or unlawfully deprive someone of some advantage, benefit or property.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Element 3 - To obtain property
The third element is that the defendant's use of the automated teller machine was for the purpose of obtaining property.  "Obtain" includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.  "Property" means any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind.

Element 4 - Intent
The fourth element is that the defendant intended to <insert as appropriate:>

  • permanently deprive the owner of the public record.

  • permanently appropriate the public record to (himself/herself) or a third person. 

<See Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant used an automated teller machine, 2) (he/she) did so in a fraudulent manner, 3) it was for the purpose of obtaining property, and 4) (he/she) intended to (permanently deprive another of property / permanently appropriate the property to (himself/herself) or a third person).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of fraudulent use of an automated teller machine, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 General Statutes § 36a-2 (48).
 


 

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