Conn. Crim. Jury Instr. 10.2-8

The defendant is charged [in count__] with payment card forgery. The statute defining this

offense reads in pertinent part as follows:

any person who, with intent to defraud a purported issuer, a participating party, or a

person providing money, goods, services or anything else of value, or any other

person, (falsely makes a purported payment card / falsely embosses a purported

payment card / falsely loads or causes to be falsely loaded a payment card into a

digital wallet / utters a payment card or purported payment card) is guilty of payment

card forgery.

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

beyond a reasonable doubt:

Element 1 - Falsely made, embossed, uttered, or loaded into a digital wallet, a payment

card

The first element is that the defendant (falsely made a purported payment card / falsely embossed a

purported payment card /falsely loaded or caused to be falsely loaded a payment card into a digital

wallet / uttered a payment card or purported payment card). “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. “Digital wallet” means a software application that is used on a computer

or other device, including, but not limited to, a mobile device, to store digital forms of one or

more payment cards that may be used to obtain money, goods, services or anything else of value.

<Insert as appropriate:>

• 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.

• 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.2

• 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.

• A person "falsely loads" or "causes to be falsely loaded" a payment card into a digital

wallet when such person stores or causes to be stored on a digital wallet the digital form

of (1) a payment card falsely made or falsely embossed by such person, (2) a payment

card taken, procured, received or retained by such person under circumstances that

constitute payment card forgery or payment card theft, or (3) a payment card that such

person knows is falsely made, falsely embossed, forged, expired or revoked.3

Element 2 - Intent to defraud

The second element is that the defendant intended to defraud a purported issuer, a participating

party, or a person providing money, goods, services, or anything else of value, or any other

person. <See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) (falsely made

a purported payment card / falsely embossed a purported payment card / falsely loaded or caused

to be falsely loaded a payment card into a digital wallet / uttered a payment card or purported

payment card), and 2) intended to defraud a purported issuer, a participating party, or a person

providing money, goods, services, or anything else of value, or any other person.

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

of the crime of payment card forgery, 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 Defined in General Statutes § 53a-128c (f).

2 Id.

3 Id.