10th Cir. Crim. Pattern Jury Instr. 2.50.2

18 U.S.C. § 1029(a)(2)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 1029(a)(2).

This law makes it a crime to use, with intent to defraud, one

or more unauthorized access devices during any oneyear period,

and by such conduct obtain anything of value aggregating $1,000

or more during that period.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant knowingly [used] [trafficked in] one or

more unauthorized access devices;

Second : as a result of such [use][trafficking], the defendant

obtained during a period of one year, some thing or things of value,

the total value of which was $1000 or more;

Third: the defendant acted with intent to defraud; and

Fourth: the defendant’s conduct affected interstate or foreign

commerce.

The term “access device” means any credit card, plate, code,

account number, electronic serial number, mobile identification

number, personal identification number, or other

telecommunications service, equipment, or instrument identifier,

or other means of account acc ess that can be used, alone or in

conjunction with another access device, to obtain money, goods,

services, or any other thing of value, or that can be used to initiate

a transfer of funds (other than a transfer originated solely by

paper instrument).

The term “unauthorized access device” means any access

device that is lost, stolen, expired, revoked, canceled, or obtained

with intent to defraud.

[The term “used” includes any effort to obtain money, goods,

services, or any other thing of value, or to initiate a transfer of

funds with an unauthorized access device.]

PATTERN CRIMINAL JURY INSTRUCTIONS

166

[The term “trafficked in” means the transfer, or other disposal

of, an unauthorized access device to another, or the possession or

control of an unauthorized access device with the intent to transfer

or dispose of it to another.]

To act “with intent to defraud” means to act willfully with

intent to deceive or cheat, ordinarily for the purpose of causing

financial loss to another or bringing about financial gain to one’s

self.

The essence of the offense is the knowing use of an

unauthorized access device with intent to defraud, and it is not

necessary to prove that anyone was in fact deceived or defrauded.