Vermont Model Criminal Jury Instructions CR60-306

The State has charged (Def)_______________ with credit card fraud, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [obtained] [attempted to obtain] [money] [property] [services] [any other thing of value];

(3) by the use of a credit card which (Def)_______________ knew, or reasonably should have known, to have been [stolen] [forged] [revoked] [cancelled] [unauthorized or invalid for use by [him] [her] for such purpose]; and

(4) (Def)_______________ acted with the intent to defraud; and

(5) the aggregate value of the [money] [property] [services] [other things of value] [so obtained] [sought to be obtained] exceeds $50.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ [obtained] [attempted to obtain] [money] [property] [services] [any other thing of value]. Here, the State alleges that (Def)_______________ [obtained] [attempted to obtain] (specific items)_______________.

The third essential element is that (Def)_______________ [obtained] [attempted to obtain] such [money] [property] [services] [any other thing of value] by the use of a credit card which (Def)_______________ knew, or reasonably should have known, to have been [stolen] [forged] [revoked] [cancelled] [unauthorized or invalid for use by [him] [her] for such purpose].

Credit card means any instrument, whether known as credit card, credit plate, charge plate, or any other name, which purports to evidence an undertaking to pay for property, labor, services or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards.

The fourth essential element is that (Def)_______________ acted with the intent to defraud. To defraud means to illegally obtain money, property, services, or anything of value by deception. (Def)_______________ must have acted on purpose and with the conscious objective of obtaining money, property, services, or any other thing of value by using the credit card. [He] [she] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident.

The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that the aggregate value of the money, property, services, or other things of value that (Def)_______________ [obtained] [attempted to obtain] exceeds $50.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.