CJI2d[NY] Penal Law § 165.17

The (specify) count is Unlawful Use of a Credit Card [or Debit Card] [or Public Benefit Card].

Under our law, a person is guilty of Unlawful Use of a Credit Card [or Debit Card] [or Public Benefit Card] when, in the course of obtaining or attempting to obtain property [or a service], that person uses or displays a credit card [or debit card] [or public benefit card] which he or she knows to be revoked or cancelled.

The following terms used in that definition have a special meaning:

OBTAIN includes, but is not limited to, the bringing about of a transfer or purported transfer of property or a service, or of a legal interest therein, whether to the obtainer or another person.¹

A person ATTEMPTS to obtain property [or a service] by using or displaying a card which he or she knows to be revoked or cancelled when he or she intends to do so and engages in conduct which tends to effect that objective.²

[A CREDIT CARD includes any credit card, credit plate, charge plate, courtesy card or other identification card or device issued by a person to another person which may be used to obtain a cash advance or loan or credit or to purchase or lease property or services on the credit of the issuer or of the holder.]³

[A DEBIT CARD includes a card, plate or other similar device issued by a person to another person which may be used, without a personal identification number or code (or similar identification number or code) (or similar identification), to purchase or lease property or services. The term does not include a credit card or a check, draft or similar instrument.]⁴

[A PUBLIC BENEFIT CARD means any medical assistance card, food stamp assistance card, public assistance card, or any other identification, authorization card or electronic access device issued by the state or a social services district, which entitles a person to obtain public assistance benefits under a local, state or federal program administered by the state, its political subdivisions or social services districts.]⁵

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , obtained or attempted to obtain property [or a service] by using or displaying a credit card [or debit card] [or public benefit card] which had been revoked or cancelled; and

2. That, when the defendant did so, he/she knew that such card had been revoked or cancelled.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.