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10.2-2 False Statement to Procure Issuance of a Credit Card -- § 53a-128b
Revised to December 1, 2007
The defendant is charged [in count __] with making a false statement for the purpose of procuring a credit card. The statute defining this offense imposes punishment on
any person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting (his/her/another person's) identity or (his/her/another person's) financial condition, for the purpose of procuring the issuance of a credit card.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - False statement
regarding identity
The first element is that the
defendant made or caused to be made, either directly or indirectly, a false
statement in writing, respecting (his/her/another person's) identity or
(his/her/another person's) financial condition or that of any other person.
Element 2 - With knowledge
The second element is that the
defendant knew that the statement was false. 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
The third element is that the
defendant intended that the statement be relied upon for the purpose of
procuring the issuance of 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.
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 1) the defendant made or caused to be made a false statement in writing, respecting (his/her) identity or that of any other person, or (his/her) financial condition or that of any other person, 2) (he/she) knew it was false, and 3) (he/she) intended that the statement would be relied upon in procuring the issuance of a credit card.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of false
statement to procure the issuance 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.