VA · jury_instructions
Va. Model Jury Instr. Crim. No. 16.320
Credit Card Fraud—Obtaining Cash Advance
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 obtained money from the issuer of a [credit card; credit card number]; and
(2) That he obtained the money [by use of an unmanned device of the issuer; through a person other
than the issuer]; and
(3) That he knew when he obtained the money that the advance would exceed his available credit
and any available balances held by the issuer; and
(4) That he obtained the money with the intent to defraud any person; and
(5) That the value of all money 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 obtained by the defendant in any six (6) month period was $1,000 or more, 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 some value was obtained, then you shall
find the defendant not guilty.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
3c09f5ed402b64ba370a02b3531c843e2e95478e3a7f7e742e70510e68ad239b
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