Va. Model Jury Instr. Crim. No. 16.310

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 represented that he was the holder of a [credit card; credit card number]

(describe issuer, card number, etc.) issued to (name of person) as cardholder; and

(2) That such representation was without the consent of the cardholder; and

(3) That such representation was made with the intent to defraud any person; and

(4) That by virtue of such representation the defendant obtained money, goods, services or

anything else of value; and

(5) 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, 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 four elements of the crime, 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 of the first four elements of the crime, or that such items were of some value, then you

shall find the defendant not guilty.