CO · jury_instructions
COLJI-Crim. 5.5:07.8
CYBERCRIME (ENCODING MACHINE)
The elements of cybercrime (encoding machine) are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. directly or indirectly used an encoding machine to place
information encoded on a payment card onto a different
payment card,
5. without the permission of the authorized user of the payment
card from which the information being reencoded was
obtained,
6. with the intent,
7. to defraud the authorized user, the issuer of the authorized
user’s payment card, or a merchant.
[8. and that the defendant’s conduct was not legally authorized by
the affirmative defense[s] in Instruction[s] ___.]
After considering all the evidence, if you decide the prosecution has
proven each of the elements beyond a reasonable doubt, you should find
the defendant guilty of cybercrime (encoding machine).
After considering all the evidence, if you decide the prosecution has
failed to prove any one or more of the elements beyond a reasonable doubt,
you should find the defendant not guilty of cybercrime (encoding
machine).
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
46851223dd18465a4e747069f6dc4421fd8dae3c3021916c5fdba9e03c684b42
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