MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5028
Unlawfully Using a Scanning Device or Re-encoder
[Name of defendant] is charged in count ___ with unlawfully using a [scanning
device/re-encoder].
If you find beyond a reasonable doubt from the evidence in this case that:
1. On or about [date of alleged crime], in __________ County;
2A. [Name of defendant] unlawfully used a scanning device without the permission of the
cardholder of the credit card from which the information was being scanned, intending to defraud
the cardholder, the issuer, or a merchant;
OR
2B. [Name of defendant] unlawfully used a re-encoder without the permission of the cardholder
of the credit card from which the information was being re-encoded, intending to defraud the
cardholder, the issuer, or a merchant,
then you shall find [name of defendant] guilty as charged.
If the State did not prove any one of the above listed elements beyond a reasonable doubt,
then you shall find [name of defendant] not guilty of count _____.
Definition(s) in this Instruction:
In this instruction, “scanning device” means a scanner, reader, or other device that
accesses, reads, scans, gets, or stores information that is encoded on the magnetic strip of a credit
card.
In this instruction, “re-encoder” means an electronic device that puts information that is
encoded on one credit card's magnetic strip onto another credit card's magnetic strip.
In this instruction, “cardholder” means the person named on the credit card to whom the
credit card was issued or the person who possessed the credit card with the cardholder's
permission.
In this instruction, “credit card” means a device that a business or financial institution
issues with or without a fee to a person to use in getting money, goods, services, or something of
value.
In this instruction, “issuer” means a business or financial institution which issues a credit
card.
In this instruction, “business” or “merchant” means a business or person who gives
money, goods, services, or something of value when presented with a cardholder's credit card.
History
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5028 (current as of June 30, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
5e5269438daddd8cbc73033d2da044919299e34929913b9d226b3d2c95088e5c
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