Vermont Model Criminal Jury Instructions CR60-321

The State has charged (Def)_______________ with illegal possession of a credit card, 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) possessed a credit card issued to another;

(3) with the intent to use the credit card without the consent of the cardholder.

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

The second essential element is that (Def)_______________ possessed a credit card issued to another. 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. Here, the State alleges that (Def)_______________ possessed a credit card that was issued to (specific person)_______________.

The last essential element is that (Def)_______________ intended to use the credit card without the consent of the cardholder. Consent means approval or permission by the cardholder. Cardholder means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. (Def)_______________ must have had the conscious objective to use the credit card without the cardholder’s consent.

A person’s intent 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.

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.