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Criminal Jury Instructions

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10.2-2  False Statement to Procure Issuance of a Credit Card -- § 53a-128b

Revised to December 1, 2007

The defendant is charged [in count __] with making a false statement for the purpose of procuring a credit card.  The statute defining this offense imposes punishment on

any person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting (his/her/another person's) identity or (his/her/another person's) financial condition, for the purpose of procuring the issuance of a credit card.

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

Element 1 - False statement regarding identity
The first element is that the defendant made or caused to be made, either directly or indirectly, a false statement in writing, respecting (his/her/another person's) identity or (his/her/another person's) financial condition or that of any other person.

Element 2 - With knowledge
The second element is that the defendant knew that the statement was false.  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 - Intent
The third element is that the defendant intended that the statement be relied upon for the purpose of procuring the issuance of a credit card.  "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.

A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant made or caused to be made a false statement in writing, respecting (his/her) identity or that of any other person, or (his/her) financial condition or that of any other person, 2) (he/she) knew it was false, and 3) (he/she) intended that the statement would be relied upon in procuring the issuance of a credit card.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of false statement to procure the issuance of a credit card, 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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