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NC · jury_instructions

N.C.P.I.—Crim. 219B.40

CREDIT CARD (FINANCIAL TRANSACTION CARD) FRAUD-CREDIT CARD STOLEN, FORGED, FALSELY REPRESENTED, EXPIRED OR REVOKED. FELONY; MISDEMEANOR.

activein force · 2003-04-01 – presentas-observed

The defendant has been charged with felonious credit card fraud.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that the defendant intended to defraud.2

Second, that he used a credit card which was (describe deficiency).3

Third, that he knew the credit card was (describe deficiency).

Fourth, that he used the credit card for the purpose of obtaining

[money] [credit] [goods] [services] [something of value].

And Fifth, that (during a six-month period) the defendant thereby

obtained more than $500 worth of [money] [credit] [goods] [services]

[something of value].

If you find from the evidence beyond a reasonable doubt that [on or

about the alleged date] [between the alleged dates], the defendant with

the intent to defraud used a credit card which he knew was (describe

deficiency) for the purpose of obtaining [money] [credit] [goods]

[services] [something of value] and that the defendant thereby obtained

more than $500 worth of [money] [credit] [goods] [services] [something

of value], it would be your duty to return a verdict of guilty of felonious

credit card fraud. However, if you do not so find or have a reasonable

doubt as to one or more of these things, you will not return a verdict of

guilty of felonious credit card fraud4 but must determine whether the

defendant is guilty of non-felonious credit card fraud. Non-felonious

credit card fraud differs from felonious credit card fraud in that the State

need not prove that (during the six-month period) the defendant thereby

obtained more than $500 worth of [money] [credit] [goods] [services]

[something of value].

If you find from the evidence beyond a reasonable doubt that [on or

about the alleged date] [between the alleged dates], the defendant with

the intent to defraud used a credit card which he knew was (describe

deficiency) for the purpose of obtaining [money] [credit] [goods]

[services] [something of value], it would be your duty to return a verdict

of guilty of non-felonious credit card fraud. If you do not so find or have

a reasonable doubt as to one or more of these things it would be your

duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 219B.40 (April 2003). N.C. Gen. Stat. § 14-113.13(a)(1), (2); (b). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
fef01d1079db518ecc23c36982e52acc82983d37d9c05c5bb7fe7524d8b4025c
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