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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-11  Illegal Use of a Credit Card -- § 53a-128d (2)

Revised to December 1, 2007

The defendant is charged [in count __] with the illegal use of a credit card.  The statute defining this offense imposes punishment on

any person who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, obtains money, goods, services or anything else of value by representing without the consent of the cardholder that (he/she) is the holder of a specified card or by representing that (he/she) is the holder of a card and such card has not in fact been issued.

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

Element 1 - Used a credit card
The first element is that the defendant obtained money, goods, services, or anything else of value by representing, without the consent of the cardholder, that (he/she) was the holder of a specified card, or by representing that (he/she) was the holder of a card and such card had not in fact been issued.

"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 does an act "without consent of another person" when (he/she) lacks such other person's agreement or assent to engage in the act. 

Element 2 - Intent to defraud
The second element is that the defendant intended to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person.

"Participating party" means any person or any duly authorized agent of such person obligated by contract to acquire from another person providing money, goods, services or anything else of value, a sales slip, sales draft or instrument for the payment of money, evidencing a credit card transaction, and from whom, directly or indirectly, the issuer is obligated by contract to acquire such sales slip, sales draft, instrument for the payment of money and the like.

<See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant <insert specific allegations regarding the use of the credit card>, and 2) (he/she) intended to defraud another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of illegal use 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.

Commentary

Sentence enhancer
General Statutes § 53a-128d provides that this offense is a class D felony, pursuant to General Statutes § 53a-128i (a), if the value of the money, goods, services or other things of value obtained in violation of this subsection exceeds $500 in any six-month period; it is otherwise a class A misdemeanor, pursuant to General Statutes § 53a-128i (b). 
The jury must find this fact beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.
 


 

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