CALCRIM No. 1957

Access Card (Pen. Code, § 484g(b))

The defendant is charged [in Count] with obtaining something of

value by fraudulently representing (himself/herself) as the holder of an

access card [in violation of Penal Code section 484g(b)].

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

prove that:

1. The defendant obtained (money[,]/ [or] goods[,]/ [or] services[,]/

[or] something [else] of value) by representing that (he/she) was

the holder of an access card;

2. The access card had not, in fact, been issued;

3. The defendant obtained (money[,]/ [or] goods[,]/ [or] services[,]/

[or] something [else] of value) without the consent of the

cardholder;

AND

4. When the defendant obtained (money[,]/ [or] goods[,]/ [or]

services[,]/ [or] something [else] of value), (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.

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.]

[If you find the defendant guilty of obtaining money by access card, you

must then decide whether the value of the (money[,]/ [or] goods[,]/ [or]

services[,]/ [or] something [else] of value) obtained in any 6-month

period was more than $950. If you have a reasonable doubt whether the

value of the (money[,]/ [or] goods[,]/ [or] services[,]/ [or] something [else]

of value) was more than $950, you must find this allegation has not been

proved.]

New January 2006; Revised August 2015