10.2-8 Credit Card Forgery -- § 53a-128c (f)
Revised to December 1, 2007
The defendant is charged [in count __] with credit card forgery. The statute defining this offense reads in pertinent part as follows:
any person who, with intent to defraud a purported issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, (falsely makes / falsely embosses / utters) a purported credit card is guilty of credit card forgery.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Falsely made,
embossed or uttered a credit card
The first element is that the defendant (falsely made / falsely embossed / uttered) a purported 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.
<Insert as appropriate:>
A person "falsely makes" a credit card when (he/she) makes or draws, in whole or in part, a device or instrument that purports to be the credit card of a named issuer but that is not such a credit card because the issuer did not authorize the making or drawing, or when such person so alters a credit card that was validly issued.1
A person "falsely embosses" a credit card when, without authorization of the named issuer, (he/she) completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.2
A person "utters" a credit card when (he/she) offers or tenders or otherwise attempts to pass such a credit card, or when (he/she) uses or attempts to use such a credit card.
The second element is that defendant intended to defraud a purported issuer, a participating party, or a person providing money, goods, services, or anything else of value, or any other person. <See Intent to Defraud, Instruction 2.3-6.>
In summary, the state must prove beyond a reasonable doubt that the defendant 1) falsely (made / embossed / uttered) a purported credit card, and 2) intended to defraud a purported issuer, a participating party, or a person providing money, goods, services, or anything else of value, or any other person.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of credit
card forgery, 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.
1 Defined in General Statutes § 53a-128c (f).