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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-4  Credit Card Theft -- § 53a-128c (b)

Revised to December 1, 2007

The defendant is charged [in count __] with credit card theft.  The statute defining this offense reads in pertinent part as follows: 

any person who receives a credit card that (he/she) knows to have been (lost / mislaid / delivered under a mistake as to the identity or address of the cardholder), and who retains possession, custody or control thereof with intent to use it or to sell it or to transfer it to any person other than the issuer or the cardholder, is guilty of credit card theft.

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

Element 1 - Received a credit card
The first element is that the defendant received a credit card.  "Received" means to have acquired possession, custody or control.  "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.

Element 2 - Knowledge
The second element is that the defendant knew that the card was (lost / mislaid / delivered under a mistake as to the identity or address of the cardholder).  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 - Retained possession
The third element is that the defendant retained possession, custody or control of the card with the intent to use it or to sell it or to transfer it to any person other than the issuer or the cardholder.  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 the defendant 1) received a credit card, 2) knew that the card was lost, mislaid, or mistakenly delivered, and 3) retained possession of the card with the intent to use it, sell it, or transfer it to another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of credit card theft, 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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