Criminal Jury Instructions Home

10.2-7  Receiving Illegally Obtained Credit Cards -- § 53a-128c (e)

Revised to December 1, 2007

The defendant is charged [in count __] with receiving illegally obtained credit cards.  The statute defining this offense imposes punishment on

any person, other than the issuer, who, during any twelve-month period, receives credit cards issued in the names of two or more persons which (he/she) has reason to know were taken or retained under circumstances which constitute <insert as appropriate:>

• credit card theft.¹

• making a false statement to procure issuance of a credit card.²

• the illegal transfer of a credit card.³

• obtaining a credit card by fraud.⁴

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

Element 1 - Received credit cards
The first element is that during a twelve-month period, the defendant received credit cards in the names of two or more persons, and the defendant is not the issuer of the cards.  "Credit card" means any instrument or device, whether known as a credit card, as a credit plate, or by any other name, issued with or without fee by an issuer for the use of a cardholder in obtaining money, goods, services or anything else of value on credit.  "Issuer" means the person or entity issuing a credit card, or a duly authorized agent.  "Receives" means acquiring possession, custody or control.

Element 2 - Knowledge that cards were obtained illegally
The second element is that the defendant had reason to know that the credit cards were taken or retained under circumstances constituting <insert as appropriate:>

• credit card theft.  <See Credit Card Theft, Instruction 10.2-3, or Credit Card Theft, Instruction 10.2-4.>

• making a false statement to procure issuance of a credit card.  <See False Statement to Procure Issuance of a Credit Card, Instruction 10.2-2.>

• the illegal transfer of a credit card.  <See Illegal Transfer of a Credit Card, Instruction 10.2-5.>

• obtaining a credit card by fraud.  <See Obtaining a Credit Card by Fraud, Instruction 10.2-6.>

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.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) received credit cards in the names of two or more persons within a twelve-month period, and 2) knew or had reason to know that the credit cards had been obtained by <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of receiving fraudulently obtained 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.
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1 Credit card theft is defined by General Statutes § 53a-128c (a) and (b).

2 As defined in General Statutes § 53a-128b.

3 As defined in General Statutes § 53a-128c (c).

4 As defined in General Statutes § 53a-128c (d).