CALCRIM No. 1950

Code, § 484e(a))

The defendant is charged [in Count] with (selling[,]/ [or]

transferring[,]/ [or] conveying) an access card [in violation of Penal Code

section 484e(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (sold[,]/ [or] transferred[,]/ [or] conveyed) an

access card;

2. The defendant did so without the consent of the cardholder or the

issuer of the card;

AND

3. When the defendant (sold[,]/ [or] transferred[,]/ [or] conveyed)

the access card, (he/she) intended to defraud.

An access card is a card, plate, code, account number, or other means of

account access that can be used, alone or with another access card, to

obtain (money[,]/ [or] goods[,]/ [or] services[,]/ [or] anything of value), or

that can be used to begin a transfer of funds[, other than a transfer

originated solely by a paper document].

[(A/An) <insert description, e.g., ATM card, credit card> is an

access card.]

A cardholder is someone who has been issued an access card [or who has

agreed with a card issuer to pay debts arising from the issuance of an

access card to someone else].

A card issuer is a company [or person] [or the agent of a company or

person] that issues an access card to a cardholder.

[Selling means exchanging something for money, services, or anything of

value.]

Someone intends to defraud if he or she intends to deceive another

person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/

[or] something [else] of value), or to cause damage to, a legal, financial,

or property right.

[For the purpose of this instruction, a person includes (a governmental

agency/a corporation/a business/an association/the body politic).]

[It is not necessary that anyone actually be defrauded or actually suffer

a financial, legal, or property loss as a result of the defendant’s acts.]

[The People allege that the defendant (sold[,]/ [or] transferred[,]/ [or]

conveyed) the following access cards: <insert description of

each card when multiple items alleged>. Y ou may not find the defendant

guilty unless you all agree that the People have proved that the

defendant (sold[,]/ [or] transferred[,]/ [or] conveyed) at least one of these

cards and you all agree on which card (he/she) (sold[,]/ [or]

transferred[,]/ [or] conveyed).]

[If you find the defendant guilty of (selling[,]/ [or] transferring[,]/ [or]

conveying) an access card, you must then decide whether the value of the

access card was more than $950. If you have a reasonable doubt whether

the value of the access card was more than $950, you must find this

allegation has not been proved.]

New January 2006; Revised September 2020