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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-3 Credit Card Theft -- § 53a-128c (a)

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 <insert as appropriate:>

  • takes a credit card from the person, possession, custody or control of another without the consent of the cardholder or of the issuer,

  • receives a credit card with knowledge that the credit card has been taken from the person, possession, custody, or control of another, without consent of the cardholder or issuer,

with the 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 - Took or received a credit card
The first element is that the defendant <insert as appropriate:>

  • took a credit card from the person, possession, custody or control of another.

  • received a credit card, with knowledge that the credit card had been taken from the person, possession, custody, or control of another. "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.

[<If charged with taking:> The defendant is charged with taking a credit card by (larceny / trespassory taking / larceny by trick / embezzlement / obtaining property by false pretense, false promise or extortion). <Insert appropriate instruction for specific larcenous activity involved.>]1

Element 2 - Without consent of cardholder
The second element is that the defendant did not have the consent of either the cardholder or the issuer. A person does an act "without the consent of another person" when (he/she) lacks such other person's agreement or assent to engage in the act.

Element 3 - Intent to use, sell, or transfer
The third element is that the defendant intended to use the credit card 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) (took a credit card / received a credit card with knowledge that it had been taken), 2) the card owner had not consented, and 3) the defendant intended 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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1 The statute provides that "[t]aking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick, embezzlement, or obtaining property by false pretense, false promise or extortion."
 


 

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