Conn. Crim. Jury Instr. 10.2-7

The defendant is charged [in count__] with receiving illegally obtained payment cards. The

statute defining this offense imposes punishment on

any person, other than the issuer, who, during any twelve-month period, receives

payment cards issued in the names of two or more persons which (he/she) has reason

to know were taken or retained under circumstances which constitute <insert as

appropriate:>

• payment card theft.1

• making a false statement for the purpose of procuring the issuance of a payment card or

loading the payment card into a digital wallet.2

• the illegal transfer of a payment card.3

• obtaining a payment card by fraud.4

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

beyond a reasonable doubt:

Element 1 - Received payment cards

The first element is that during a twelve-month period, the defendant received payment cards in

the names of two or more persons. “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. “Receives” means acquiring possession, custody or control.

Element 2 - Not an issuer

The second element is that the defendant is not the issuer of the payment card. “Issuer” means

the person or entity issuing a payment card, or a duly authorized agent.

Element 3 - Knowledge that cards were obtained illegally

The third element is that the defendant had reason to know that the payment cards were taken or

retained under circumstances constituting <insert as appropriate:>

• payment card theft. <See Payment Card Theft, Instruction 10.2-3, or Payment Card

Theft, Instruction 10.2-4.>

• making a false statement for the purpose of procuring issuance of a payment card or

loading the payment card into a digital wallet. <See False Statement to Procure Issuance

of a Payment Card, Instruction 10.2-2.>

• the illegal transfer of a payment card. <See Illegal Transfer of a Payment Card,

Instruction 10.2-5.>

• obtaining a payment card by fraud. <See Obtaining a Payment Card by Fraud,

Instruction 10.2-6.>

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.>

Conclusion

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

payment cards in the names of two or more persons within a twelve-month period, 2) is not the

issuer of the payment cards, and 3) knew or had reason to know that the payment cards had been

obtained by <insert specific allegations>.

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

of the crime of receiving fraudulently obtained payment cards, 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 Payment card theft is defined by General Statutes § 53a-128c (a) and (b).

2 As defined in General Statutes § 53a-128b.

3 As defined in General Statutes § 53a-128c (c).

4 As defined in General Statutes § 53a-128c (d)