Ala. Pattern Jury Instr. (Criminal) 13A-9-14.1(C) (MISREPRESENTATION TO ISSUER OR ACQUIRER)

Misrepresentation to Issuer or Acquirer of Credit Card

The defendant is charged with misrepresentation to issuer or acquirer of a credit

card.

A person commits the crime of misrepresentation to issuer or acquirer of a credit

card if he/she is authorized by an issuer or an acquirer 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, and, with intent to defraud the issuer, the acquirer, or

the cardholder, fails to furnish money, goods, services, or anything else of value which

he/she represents in writing, electronically or otherwise to the issuer or the acquirer that

he/she has furnished.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant was authorized by an issuer or an acquirer, [insert name],

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;

(2) The defendant failed to furnish money, goods, services, or anything else of

value, [describe], which he/she represented in writing, electronically or

otherwise to the issuer or the acquirer that he/she had furnished; (AND)

(3) The defendant did so with intent to defraud the issuer, the acquirer, or the

cardholder.

An issuer is the business organization or financial institution, or its duly authorized

agent, which issues a credit card. [13A-9-14.1(a)(6)]

An acquirer is a business organization including without limitation a merchant,

financial institution, or an agent of a business organization or financial institution that

authorizes a merchant to accept payment by credit card for money, goods, servic es, or

anything else of value. [13A-9-14.1(a)(1)]

A credit card is any instrument or device, whether known as a credit car d, credit

plate, bank service card, banking card, check guarantee card, or debit card or by any

other name, including an account number, issued with or without fee by an issuer for the

use of the cardholder in obtaining money, goods, services, or anything else of value on

credit or for use in an automated banking device to obtain any of the servi ces offered

through the device. [13A-9-14.1(a)(4)]

A cardholder is the person or organization named on the face of a credit card to

whom or for whose benefit the credit card is issued by an issuer. [13A-9-14.1(a)(2)]

Intent to defraud is a purpose to use deception, or to injure another per son's

interest which has value. [13A-9-1(8)]

[Read as appropriate]: Deception occurs when a person knowingly:

a. Creates or confirms another's impression which is false and which

the defendant does not believe to be true; or

b. Fails to correct a false impression which the defendant previously

has created or confirmed; or

c. Fails to correct a false impression when the defendant is under duty

to do so; or

d. Prevents another from acquiring information pertinent to the

disposition of the property involved; or

e. Sells or otherwise transfers or encumbers property, failing to disclose

a lien, adverse claim, or other legal impediment to the enjoyment of

the property when the defendant is under a duty to do so, whether

that impediment is or is not valid, or is not a matter of official record;

or

f. Promises performance which the defendant does not intend to

perform or knows will not be performed. Failure to perform, standing

alone, however, is not proof that the defendant did not intend to

perform.

The term deception does not, however, include falsity as to matters having

no pecuniary significance, or puffing by st atements unlikely to deceive ordinary

persons. "Puffing" means an exaggerated commendation of wares or services.

[13A-8-1(1)]

[Read as appropriate]: Value is the market value of the property at the time and

place of the criminal act. Whether or not they have been issued or delivered, certain

written instruments, not including those having a readily ascertainable market value such

as some public and corporate bonds and securities shall be evaluated as follows:

a. The value of an instrument constituting as evidence of debt, such as

a check, draft, or promissory note, shall be deemed the amount due

or collectible thereon or thereby, that figure ordinarily being the face

amount of the indebtedness less any portion thereof which has been

satisfied.

b. The value of any other instrument that creates, releases, discharges,

or otherwise affects any valuable legal right, privilege, or obligation

shall be deemed the greatest amount of economic loss which the

owner of the instrument might reasonably suffer by virtue of the loss

of the instrument.

When the value of property cannot be ascertained pursuant to the standards

set forth above, its value shall be deemed to be an amount not exceeding five

hundred dollars ($500).

Amounts involved in thefts committed pursuant to one scheme or course of

conduct, whether from the same person or several persons, may be aggregated in

determining the grade of the offense; provided, that only one conviction may be

had an only one sentence enforced for all thefts included in such aggregate. [13A-

8-1(15)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the elements of the offense of misrepresentation to issuer or acquirer of a credit

card, then you shall find the defendant guilty of misrepresentation to issuer or acquirer of

a credit card.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of the offense of misrepresentation to issuer or acquirer o f a

credit card, then you cannot find the defendant guilty of misrepresentation to issuer or

acquirer of a credit card.

[If lesser-included offenses are included, the Court should instruct on these

offenses at this point.]

[Approved 6-17-16.]