N.C.P.I.—Crim. 219B.41

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 used a credit card to obtain [money]

[goods] [services] [things of value].

Second, that he falsely represented to the [person] [organization]

from whom he obtained the [money] [goods] [services] [things of value]

that he was the holder1 of the credit card.

Third, that [the cardholder did not consent to this] [the credit card

had not been issued].

Fourth, that (during a six month period) the defendant thereby

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

value)].

And Fifth, that the defendant intended to defraud;2

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

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

a credit card to obtain [money] [goods] [services] [things of value] by

falsely representing to the [person] [organization] from whom he

obtained the [money] [goods] [services] [things of value] that he was the

holder of the credit card, that [the cardholder did not consent to this]

[the credit card had not been issued] and, with the intent to defraud, the

defendant obtained [money] [goods] [services] [things of value] worth

more than $500.00, 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 fraud but must determine whether

the defendant is guilty of non-felonious credit card fraud, which differs

from felonious credit card fraud in that it is not necessary for the State to

prove that (during a six month period) the defendant obtained more than

$500 worth of [money] [goods] [services] [things 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 used

a credit card to obtain [money] [goods] [services] [things of value] by

falsely representing to the [person] [organization] from whom he

obtained the [money] [goods] [services] [things of value] that he was the

holder of the credit card, that [the card holder did not consent to this]

[the card had not been issued], and with the intent to defraud obtained

[money] [goods] [services] [things 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, you

will return a verdict of not guilty.3