N.J. Model Criminal Jury Charge, N.J.S.A. 2C:21-6c(3

Approved 5/18/98

CREDIT CARD CRIMES:

CREDIT CARD THEFT (SELLS A CREDIT CARD)

N.J.S.A. 2C:21-6c(3)

The defendant is charged with Credit Card Theft. Specifically,

(Read Count of Indictment)

The applicable section of the statute reads as follows:

A person other than the issuer who sells a credit

card . . . 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 sold a credit card;

2. That the defendant was not the issuer of the credit card and;

3. That the defendant acted knowingly.

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

defendant sold a credit card.

“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.

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

defendant is a person other than the issuer.

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

defendant acted knowingly.

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

CREDIT CARD CRIMES:

CREDIT CARD THEFT

(SELLS A CREDIT CARD)

N.J.S.A. 2C:21-6c(3)

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 If you find that the State has

proven each of the above-mentioned elements of this offense beyond a reasonable doubt, then

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

If, however, you find that the State has failed to prove any of the elements of this offense

beyond a reasonable doubt, then you must find the de fendant not guilty of the charge of credit

card theft.