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10.2-16 Unlawful Possession of Items Used in the Production of Credit Cards -- § 53a-128f
Revised to December 1, 2007
The defendant is charged [in count __] with the unlawful possession of items used in the production of credit cards. The statute defining this offense imposes punishment on
a person having under (his/her) possession, custody or control, with knowledge of its character, a distinctive element of any credit card or any machinery, plates or any contrivance designed to produce or reproduce instruments purporting to be the credit cards of an issuer, or of any issuer in a group of issuers utilizing a common distinctive element or elements in credit cards issued by all members of such group, who has not consented to the production or reproduction of such cards.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Possession
of distinctive element or machinery
The first element is that the
defendant possessed or had under (his/her) custody or control, a distinctive
element of any credit card or any machinery, plates or any contrivance designed
to produce or reproduce instruments purporting to be credit cards. <See
Possession, Instruction 2.11-1.>
Element 2 - Knowledge
The second element is that the
defendant knew the character of these items. 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 - Without consent
The third element is that the
defendant did not have the consent of an issuer to produce or reproduce cards by
the issuer or of any issuer in a group of issuers utilizing a common distinctive
element or elements in credit cards issued by all members of such group. "Issuer"
means the person or entity issuing a credit card, or a duly authorized agent. A
person does an act "without consent of another person" when (he/she) lacks such
other person's agreement or assent to engage in the act.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant possessed a distinctive element of any credit card or any machinery, plates or any contrivance designed to produce or reproduce instruments purporting to be credit cards, 2) (he/she) had knowledge of the nature of the items, and 3) (he/she) did not have the consent of an issuer.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
unlawful possession of items used in the production of credit cards, 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.