COLJI-Crim. 5-7:02.INT

If you find the defendant not guilty of unauthorized use of a financial

transaction device, you should disregard this instruction and sign the

verdict form to indicate your not guilty verdict.

If, however, you find the defendant guilty of unauthorized use of a

financial transaction device, you should sign the verdict form to indicate

your finding of guilt, and answer the following verdict questions on the

verdict form. Although you may answer “No” to more than one question,

you may not answer “Yes” to more than one question. Further, if you

answer “Yes” to any question, you should not answer the other questions.

1. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use less than three

hundred dollars? (Answer “Yes” or “No”)

2. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use three hundred

dollars or more but less than one thousand dollars? (Answer

“Yes” or “No”)

[3. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use one thousand

dollars or more but less than two thousand dollars? (Answer

“Yes” or “No”)]

[4. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use two thousand

dollars or more but less than five thousand dollars? (Answer

“Yes” or “No”)]

[5. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use five thousand

dollars or more but less than twenty thousand dollars? (Answer

“Yes” or “No”)]

[6. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use twenty thousand

dollars or more but less than one hundred thousand dollars?

(Answer “Yes” or “No”)]

[7. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use one hundred

thousand dollars or more but less than one million dollars?

(Answer “Yes” or “No”)]

[8. Was the value of the cash, credit, property, or services obtained

or of the financial payments made by unauthorized use of a

single financial transaction device within a six-month period

from the date of the first unauthorized use one million dollars

or more? (Answer “Yes” or “No”)]

The prosecution has the burden to prove the value of the thing

involved beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.