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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-5  Illegal Transfer of a Credit Card -- § 53a-128c (c)

Revised to December 1, 2007

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

any person other than the issuer who sells a credit card or buys a credit card from a person other than the issuer.

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

Element 1 - Bought or sold a credit card
The first element is that the defendant (sold / bought) 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.

Element 2 - Not an issuer
The second element is that (the defendant / the person from whom the card was bought) is not the issuer of the credit card.  "Issuer" means the person or entity issuing a credit card, or a duly authorized agent. 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / bought) a credit card, and 2) (the defendant / the person from whom the card was bought) is not the issuer of the credit card.

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