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Criminal Jury Instructions

Criminal Jury Instructions Home

10.2-13 Illegal Furnishing of Money, Goods or Services on a Credit Card -- § 53a-128e (a)

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, or participating party, the cardholder, or any other person, furnishes money, goods, services or anything else of value upon presentation of a credit card <insert as appropriate:>

  • obtained or retained illegally.

  • which (he/she) knows is (forged / expired / revoked).

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 - Furnished money, goods, services
The second element is that the defendant [, or the defendant's agent or employee,] furnished money, goods services or anything else of value upon presentation of a credit card <insert as appropriate:>

  • obtained or retained illegally.1

  • which (he/she) knew was (forged / expired / revoked).

[<If allegations are that the credit card was obtained or retained illegally, instruct on the appropriate violation of § 53a-127c. See Credit Card Theft, Instruction 10.2-3, Credit Card Theft, Instruction 10.2-4, Illegal Transfer of a Credit Card, Instruction 10.2-5, Obtaining a Credit Card by Fraud, Instruction 10.2-6, Receiving Illegally Obtained Credit Cards, Instruction 10.2-7, Credit Card Forgery, Instruction10.2-8, Credit Card Forgery, Instruction 10.2-9.>]

[<If allegations are that the credit was forged, expired or revoked, insert appropriate definition:>:

  • A "forged" credit card means a card falsely made or falsely embossed or the uttering of such a card.2

    • 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.

    • 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.

    • 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.

  • An "expired credit card" means a credit card that is no longer valid because the term shown on it has elapsed.

  • A "revoked credit card" means a credit card that is no longer valid because permission to use it has been suspended or terminated by the issuer.]

A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist. <See Knowledge, Instruction 2.3-3.>

Element 3 - Intent to defraud
The third element is that the defendant [, or the defendant's agent or employee,] furnished the money, goods, services or anything else of value with the intent 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) furnished goods on presentation of a credit card (he/she) knew to be <insert allegations>, and 3) (he/she) 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 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.
_______________________________________________________

1 In violation of General Statutes § 53a-128c.

2 See Credit Card Forgery, Instruction 10.2-8, and Credit Card Forgery, Instruction 10.2-9.

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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