 |
10.2-6 Obtaining a Credit Card by Fraud -- § 53a-128c (d)
Revised to December 1, 2007
The defendant is charged [in count __] with obtaining a credit card by fraud. 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 control over a credit card as security for debt.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Obtained control
over credit card
The first element is that the
defendant obtained control over a credit card as security for a debt. "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 allegations as to the use of the card as security
for a debt.>
Element 2 - Intent to defraud
The second element is that the
defendant intended to defraud (the issuer / a participating party / a person
providing money, goods, services or anything else of value / any person). <Insert
appropriate definitions:>
-
"Issuer" means the person or entity issuing a credit card, or a duly authorized agent.
-
"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 the defendant 1) obtained control over a credit card as security for a debt, and 2) intended to defraud <identify person or company allegedly defrauded>.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
obtaining a credit card by fraud, 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.