Conn. Crim. Jury Instr. 10.2-14

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, a participating party, the cardholder, or any other person, fails to furnish

money, goods, services or anything else of value which (he/she) represents in writing

to the issuer or participating party that (he/she) has furnished.

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 - Failed to furnish

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

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

Element 3 - Representation of furnishing

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

writing to the issuer or participating party that (he/she) furnished the money, goods, services or

anything else of value.

Element 4 - Intent to defraud

The fourth element is that the defendant [, or the defendant’s agent or employee,] intended 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) failed to furnish goods, 3) (he/she) represented in writing

that the goods had been furnished, and 4) the defendant 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.