N.J. Model Criminal Jury Charge, N.J.S.A. 2C:21-6c(2)

Approved 5/18/98

CREDIT CARD CRIMES:

CREDIT CARD THEFT

N.J.S.A. 2C:21-6c(2)

The defendant is charged with Credit Card Theft. Specifically,

(Read Count

of Indictment)

The applicable section of the statute read as follows:

A person who received a credit card that he knows

to have been lost, mislaid, or delivered under a

mistake as to the identity or address of the

cardholder, and who retains possession with intent

to use it or to sell it or to transfer it to a person other

than the issuer or the cardholder is guilty of a crime.

In order for you to find the defendant guilty, the State must prove the following elements

beyond a reasonable doubt:

1. That the defendant received a credit card.

2. That at the time the defendant received the credit card the defendant knew that it had

been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder

and;

3. That the defendant retained possession of the credit card with the intent to use it or to

sell it or to transfer it to a person other than the issuer or the cardholder.

The first element that the State must prove beyond a reasonable doubt is that the

defendant received a credit card.

“To receive” means acquiring possession or cont rol or accepting a credit card as security

for a loan.

“Possession” signified a knowing, intentiona l control of a designated thing, accompanied

by a knowledge of its character.

[Charge: Model Jury Charge on Possession]

CREDIT CARD CRIMES:

CREDIT CARD THEFT

N.J.S.A. 2C:21-6c(2)

“Credit card” means any tangible or intangib le instrument or device issued with or

without a fee by an issuer that can be used, alone or in connection with another means of account

access, in obtaining money, goods, services or a nything else of value on credit, including credit

cards, credit plates, account numbers, or any other means of account access.

“Issuer” means the business organization or fi nancial institution which issues a credit

card or its duly authorized agent. Something is sa id to be “sold” when it is disposed of by sale.

The term “transferred” means that something is passed or handed over from one to another.

The second element that the State must prove beyond a reasonable doubt is that at the

time the defendant received the credit card the defe ndant knew that it had been lost, mislaid, or

delivered under a mistake as to the identity or address of the cardholder.

“Cardholder” means the person or organizatio n named on the face of a credit card to

whom or for whose benefit the credit card is issued by an issuer.

A person acts “knowingly” with respect to a result of his/her conduct if he/she is aware

that it is practically certain that his/her con duct will cause such a result. A person acts

knowingly with respect to the nature of his/her conduct if he/she is aw are that his/her conduct is

of that nature. “Knowing,” “with knowledge” or equivalent terms have the same meaning.

Knowledge is a condition of the mind which cannot be seen and can only be determined

by inferences from conduct, words or acts. It is not necessary fo r the State to produce a witness

or witnesses who could testify that the defendant acted knowingly.

The third element that the State must prove beyond a reasonabl e doubt is that the

defendant retained possession of the credit card with the intent to use it or to sell it or to transfer

it to a person other than the issuer or cardholder.

A person acts “with intent” when he/she acts with purpose. A person acts purposely with

respect to the nature of his/her conduct or a result thereof if it is his/her conscious objective to

engage in conduct of that nature or to cause such a result. A person acts purposely with respect

CREDIT CARD CRIMES:

CREDIT CARD THEFT

N.J.S.A. 2C:21-6c(2)

to attendant circumstances if he/s he is aware of the existence of such circumstances or believes

or hopes that they exist. One can be deemed to be acting purposely if he/she acts with design,

with a purpose, with a particular objective, if the individual means to do what he/she does.

Purpose is a condition of the mind which cannot be seen and can only be determined by

inferences from conduct, words, or acts. It is not necessary for the State to produce a witness or

witnesses who could testify that defendant acted purposely.

If the State has proven each element of th is offense beyond a reas onable doubt then you

must find the defendant guilty of the charge of credit card theft.

If the State has failed to pr ove any of the elements of this offense beyond a reasonable

doubt, then you must find the defendant not guilty of the charge of credit card theft.