CALCRIM No. 1956

The defendant is charged [in Count] with using (an access card/

[or] account information for an access card) that had [been] (altered[,]/

[or] forged[,]/ [or] expired[,]/ [or] revoked[,]/ [or] acquired or retained

without permission of the cardholder or card issuer[,]/ [or]

<insert other description of card obtained or retained in violation of Pen.

Code, §§ 484e or 484f>) [in violation of Penal Code section 484g(a)].

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

prove that:

1. The defendant used (an access card/ [or] account information for

an access card) that had [been] (altered[,]/ [or] forged[,]/ [or]

expired[,]/ [or] revoked[,]/ [or] acquired or retained without

permission of the cardholder or card issuer[,]/ [or]

<insert other description of card obtained or retained in violation of

Pen. Code, §§ 484e or 484f>);

2. The defendant knew that the (access card/ [or] account

information) had [been] (altered[,]/ [or] forged[,]/ [or] expired[,]/

[or] revoked[,]/ [or] acquired or retained without permission of

the cardholder or card issuer[,]/ [or] <insert other

description of card obtained or retained in violation of Pen. Code,

§§ 484e or 484f>);

3. When the defendant used the (card/ [or] information), (he/she)

intended to obtain money, goods, services, or anything of value;

AND

4. When the defendant used the (card/ [or] information), (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.]

[An expired access card is one that shows on its face an expiration date

that has passed.]

[A revoked access card is one that the card issuer no longer authorizes

for use by the cardholder who has been given written notice of the

revocation.]

[A cardholder is anyone 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.]

[A person alters an access card if he or she adds to, erases, or changes a

part of the card that affects a legal, financial, or property right.]

[The People allege that the defendant used the following (access cards/

[or] access card account information): <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 used at least one of these (cards/ [or] card’s account

information) and you all agree on which (card/ [or] card account

information) (he/she) used.]

New January 2006