N.J. Model Criminal Jury Charge, N.J.S.A. 2C:21-6c(5)

Approved 6/8/98

CREDIT CARD CRIMES:

CREDIT CARD THEFT (MAKE OR EMBOSS)

N.J.S.A. 2C:21-6c(5)

The defendant is charged with Credit Card Theft. Specifically,

(Read Count of Indictment)

The application section of the statute reads as follows:

A person who, with intent to defraud a purported

issuer, a person or organization providing money,

goods, services or anything else of value, or any

other person, falsely makes or falsely embosses a

purported credit card or utters such 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 falsely made of falsely embossed a purported credit card or

uttered such a credit card and;

2. That the defendant acted with intent to defraud a purported issuer, a person or

organization providing money, goods, services, or anything else of value, or any other person.

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

defendant falsely made or falsely embossed a purported credit card or uttered such 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.

“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.

CREDIT CARD CRIMES:

CREDIT CARD THEFT

(MAKE OR EMBOSS)

N.J.S.A. 2C:21-6c(5)

A person “falsely makes” a credit card when he/she makes or draws, in whole or in part,

a device or instrument which purpo rts to be the credit card of a named issuer but which is not

such a credit card because the issuer did not au thorize the making or dr awing, or when he/she

alters a credit card which was validly issued.

A person “falsely embosses” a credit card wh en, without the author ization of the named

issuer, he/she completes a credit card by adding any of the matter, other than the signature of the

cardholder, which an issuer requires to appear on the credit card before it can be used by a

cardholder.

A person “utters” such a credit card when he/she offers or tenders, transfers or otherwise

attempts to pass such a credit card, or where he/she uses or attempts to use such a credit card.

“To defraud” means to deprive a person of property or any interest, estate, or right by

deceit or artifice, to cheat.

“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 acted with intent to defraud the issuer, or a person or organization providing money,

goods, services, or anything else of value, or any other person.

A person acts with intent when he/she act s with purpose. A pers on 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

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

CREDIT CARD CRIMES:

CREDIT CARD THEFT

(MAKE OR EMBOSS)

N.J.S.A. 2C:21-6c(5)

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.

[Charge, if Applicable]

Proof that the defendant had in his/her possession two or mo re credit cards which were

falsely made or falsely embossed may give rise to the inference that the defendant acted with

fraudulent intent.1

If you find that the State ha s proven all of the above elements beyond a reasonable doubt,

then you must find the defendant guilty of the crime charged.

If, however, you find that the St ate has failed to prove any of the elements of the crime

beyond a reasonable doubt, you must then find the defendant not guilty.

1 In the appropriate case, the jury may be advised that such inference may be made from the presence of the facts

set forth in 2C:21-6c(5) if there is a factual basis to do so in the evidence, State v. Humphrey, 183 N.J. Super. 580

(Law Division 1982) or, under State in Interest of L.L.A., 178 N.J. Super. 555 (J.D.R.Ct. 1980), but it must be made

clear that the inference is permissive, not conclusive; that it must be considered along with other evidence in the

case; and that it in no way shifts the burden of proof from the State to the defendant. See State v. Bott, 53 N.J. 391

and State v. DiRienzo , 53 N.J. 360 (1969) and particularly the additional instructions and comments to Model

Charge 2.271 under N.J.S.A. 2A:139-1. See also 2C:1-13e and Evid. R.