CALCRIM No. 1952

§ 484e(d))

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

retaining) the account information of an access card [in violation of

Penal Code section 484e(d)].

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

prove that:

1. The defendant (acquired/ [or] retained) the account information

of an access card that was validly issued to someone else;

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

issuer of the card;

AND

3. When the defendant (acquired/ [or] retained) the account

information, (he/she) intended to use that information

fraudulently.

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.

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 (acquired/ [or] retained) the

account information of 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 (acquired/ [or] retained) the account information of at

least one of these cards and you all agree on which card’s account

information (he/she) (acquired/ [or] retained).]

[If you find the defendant guilty of (acquiring/ [or] retaining) the

account information of an access card, you must then decide whether the

value of the account information was more than $950. If you have a

reasonable doubt whether the value of the account information was more

than $950, you must find this allegation has not been proved.]

New January 2006; Revised September 2020