Instruction 8.810, Criminal Model Jury Instructions for Use in the District Court

RECEIVING SOMETHING OF VALUE

FRAUDULENTLY OBTAINED BY CREDIT CARD

G.L. c. 266, § 37B(j)

The defendant is charged with receiving something of value

fraudulently obtained with a credit card. To prove the defendant

guilty of this offense, the Commonwealth must prove three things

beyond a reasonable doubt:

First, that the defendant received (money) (goods) (services)

(anything of value);

Second, that the defendant did so by:

1) fraudulently using a (forged) (expired) (revoked) credit card [see

instruction ___ for §37B(f)];

2) obtaining goods with a credit card by making a false

representation [see instruction ___ for §37B(g)];

3) fraudulently accepting a credit card as a vendor [see instruction ___

for §37B(h)]; or

4) failing to provide goods paid for by credit card [see instruction ___

for §37B(i)];

and Third, that the defendant did so with the intent to defraud.

To prove the first element, the Commonwealth must prove

beyond a reasonable doubt that the defendant received (money)

(goods) (services) (anything of value) by using a credit card. A credit

card is a device that enables the cardholder to obtain money,

services, or things on credit without immediate payment. 1

To prove the second element, the Commonwealth must prove

beyond a reasonable doubt that the defendant:

1) fraudulently used a (forged) (expired) (revoked) credit card [see

instruction ___ for §37B(f)];

2) obtained goods with a credit card by making a false

representation [see instruction ___ for §37B(g)];

3) fraudulently accepted a credit card as a vendor [see instruction ___

for §37B(h)]; or

4) failed to provide goods paid for by credit card [see instruction ___ for

§37B(i)].

1 Section 1 of G.L. c. 266, § 37, provides a more expansive definition of a credit card than the one

provided in this instruction: A credit card is “an instrument or device, whether known as a credit card,

credit plate or other name, or the code of number used to identify that instrument or device or an

account of credit or cash accessed by that instrument or device, issued with or without a fee by an

issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on

credit or by debit from a cash account.”

To prove the third element, the Commonwealth must prove

beyond a reasonable doubt that the defendant engaged in this

conduct with the specific intent to defraud. To act with an intent to

defraud means to act knowingly with the aim of deceiving or cheating

another. The purpose is often to bring about gain or benefit either for

oneself or for another person or entity.2 You may examine the

evidence in the case, all the surrounding circumstances, and any

reasonable inferences you draw from that evidence, to help you

determine whether the defendant intended to defraud another.

See Commonwealth v. O’Connell, 438 Mass. 658, 664 (2003) (Commonwealth need not

show intent to defraud particular person, but sufficient that defendant “intended to injure

or defraud someone”; proof of intent to defraud may be inferred from the circumstances).

If the Commonwealth has proven all three elements beyond a

reasonable doubt, you should return a verdict of guilty. If the

Commonwealth has failed to prove one or more of these elements

beyond a reasonable doubt, you must find the defendant not guilty.