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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-14  Illegal Furnishing of Money, Goods or Services on a Credit Card -- § 53a-128e (b)

Revised to December 1, 2007

The defendant is charged [in count __] with the illegal furnishing of money, goods or services on a credit card.  The statute defining this offense imposes punishment on

any person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, fails to furnish money, goods, services or anything else of value which (he/she) represents in writing to the issuer or participating party that (he/she) has furnished.

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

Element 1 - Authorized
The first element is that the defendant [, or an agent or employee of the defendant,] was authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder.

"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. 

"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.

Element 2 - Failed to furnish
The second element is that the defendant [, or the defendant's agent or employee,] failed to furnish money, goods, services or anything else of value.

Element 3 - Representation of furnishing
The third element is that the defendant [, or the defendant's agent or employee,] represented in writing to the issuer or participating party that (he/she) furnished the money, goods, services or anything else of value.

Element 4 - Intent to defraud
The fourth element is that the defendant [, or the defendant's agent or employee,] intended to defraud the issuer, a participating party, the cardholder or any other person.  <See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was authorized to furnish goods, 2) (he/she) failed to furnish goods, 3) (he/she) represented that the goods had been furnished, and 4) the defendant intended to defraud another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of illegal furnishing of money, goods, or services on 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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