Conn. Crim. Jury Instr. 10.2-13

The defendant is charged [in count__] with the illegal furnishing of money, goods or services on

a payment card. The statute defining this offense imposes punishment on

any person who is authorized by an issuer or a participating party to furnish money,

goods, services or anything else of value upon presentation of a payment card by the

cardholder, or any agent or employee of such person, who, with intent to defraud the

issuer, or participating party, the cardholder, or any other person, furnishes money,

goods, services or anything else of value upon presentation of a payment card <insert

as appropriate:>

• obtained or retained illegally.

• which (he/she) knows is (forged / expired / revoked).

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Authorized

The first element is that the defendant [, or an agent or employee of the defendant,] was

authorized by an issuer or a participating party to furnish money, goods, services or anything else

of value upon presentation of a payment card by the cardholder.

“Payment card” means either a credit card or a debit card. “Credit card” means any instrument

or device, whether known as a credit card, as a credit plate, or by any other name, issued with or

without fee by an issuer for the use of a cardholder in obtaining money, goods, services or

anything else of value on credit. “Debit card” means any card, code, device or other means of

access, or any combination thereof, that is issued or authorized for use to debit an asset account

held directly or indirectly by a financial institution and that may be used by the cardholder to

obtain money, goods, services or anything else of value.

“Participating party” means any person or any duly authorized agent of such person obligated by

contract to acquire from another person providing money, goods, services or anything else of

value, a sales slip, sales draft or instrument for the payment of money, evidencing a payment

card transaction, and from whom, directly or indirectly, the issuer is obligated by contract to

acquire such sales slip, sales draft, instrument for the payment of money and the like.

Element 2 - Furnished money, goods, services

The second element is that the defendant [, or the defendant’s agent or employee,] furnished

money, goods, services or anything else of value upon presentation of a payment card <insert as

appropriate:>

• obtained or retained illegally.

• which (he/she) knew was (forged / expired / revoked).

[<If allegations are that the payment card was obtained or retained illegally, instruct on the

appropriate violation of § 53a-127c. See Payment Card Theft, Instruction 10.2-3, Payment Card

Theft, Instruction 10.2-4, Illegal Transfer of a Payment Card, Instruction 10.2-5, Obtaining a

Payment Card by Fraud, Instruction 10.2-6, Receiving Illegally Obtained Payment Cards,

Instruction 10.2-7, Payment Card Forgery, Instruction 10.2-8, Payment Card Forgery,

Instruction 10.2-9.>]

[<If allegations are that the payment card was forged, expired or revoked, insert appropriate

definition:>:

• A “forged” payment card means a card falsely made or falsely embossed or the uttering

of such a card.2

o A person “falsely makes” a payment card when (he/she) makes or draws, in whole or

in part, a device or instrument that purports to be the payment card of a named issuer

but that is not such a payment card because the issuer did not authorize the making or

drawing, or when such person so alters a payment card that was validly issued.

o A person “falsely embosses” a payment card when, without authorization of the

named issuer, (he/she) completes a payment card by adding any of the matter, other

than the signature of the cardholder, which an issuer requires to appear on the

payment card before it can be used by a cardholder.

o A person “utters” a payment card when (he/she) offers or tenders or otherwise

attempts to pass such a payment card, or when (he/she) uses or attempts to use such a

payment card.

• An “expired payment card” means a payment card that is no longer valid because the

term shown on it has elapsed.

• A “revoked payment card” means a payment card that is no longer valid because

permission to use it has been suspended or terminated by the issuer.]

A person acts “knowingly” with respect to conduct or circumstances when (he/she) is aware that

(his/her) conduct is of such nature or that such circumstances exist. <See Knowledge, Instruction

2.3-3.>

Element 3 - Intent to defraud

The third element is that the defendant [, or the defendant’s agent or employee,] furnished the

money, goods, services or anything else of value with the intent to defraud the issuer, a

participating party, the cardholder or any other person. <See Intent to Defraud, Instruction 2.3-

6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was

authorized to furnish goods, 2) (he/she) furnished goods on presentation of a payment card

(obtained or retained illegally / (he/she) knew to be <insert allegations>), and 3) (he/she)

intended to defraud another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of illegal furnishing of money, goods or services on a payment card, then you shall

find the defendant guilty. On the other hand, if you unanimously find that the state has failed to

prove beyond a reasonable doubt any of the elements, you shall then find the defendant not

guilty.

1 In violation of General Statutes § 53a-128c.

2 See Payment Card Forgery, Instruction 10.2-8, and Payment Card Forgery, Instruction 10.2-9.