Va. Model Jury Instr. Crim. No. 16.300

The defendant is charged with the crime of credit card fraud. The Commonwealth must prove

beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant [took; obtained; withheld] a [credit card; credit card number] from the

[person; possession; custody; control] of (name of person); and

[(1) That the defendant received a [credit card; credit card number] from another knowing that it had

been [taken; obtained; withheld] from the [person; possession; custody; control] of (name of person);

and]

[(1) That the defendant received a [credit card; credit card number] knowing the same to have been

[lost; mislaid; delivered under a mistake as to the [identity; address] of the cardholder] and retained

possession; and]

(2) That the [taking; obtaining; withholding; receiving; retaining] was with intent [to use it; to sell it; to

transfer it to a person other than the issuer or the cardholder]; and

(3) That the (taking; obtaining; withholding; receiving; retaining) was without the consent of the

cardholder; and

(4) That the defendant used the [credit card; credit card number] for the purpose of obtaining

money, goods, services or anything else of value; and

(5) That the defendant used the [credit card; credit card number] with the intent to defraud any

person; and

(6) That the value of all money, goods, services and other things of value obtained by the

defendant in any six (6) month period was $1,000 or more.

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime as charged, then you shall find the defendant guilty of

felony credit card fraud [but you shall not fix the punishment until your verdict has been returned

and further evidence has been heard by you].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the first five elements of the crime as charged but you do not find beyond a reasonable

doubt that the value of all money, goods, services and other things of value obtained by the

defendant in any six (6) month period was $1,000 or more, and if you find beyond a reasonable

doubt that such items were of some value (there need be no proof of a minimum or specific value),

then you shall find the defendant guilty of misdemeanor credit card fraud [but you shall not fix the

punishment until your verdict has been returned and further evidence has been heard by you].

If you find from the evidence that the Commonwealth has failed to prove beyond a reasonable

doubt any one or more of the first five elements of the crime, or that such items were of some

value, then you shall find the defendant not guilty.