WI · jury_instructions
Wis JI-Criminal 1496
Theft of a Financial Transaction Card
Statutory Definition of the Crime
Theft of a financial transaction card, as defined in § 943.41(3)(a) 1 of the Criminal
Code of Wisconsin, is committed by one who acquires a financial transaction card from
the person, possession, custody, or control of another without the cardholder's consent
and with intent to (use it) (sell it) (transfer it to a person other than the issuer). 2
State's Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant acquired 3 a financial transaction card from the person, possession,
custody, or control of another.
A financial transaction card is an instrument or device issued by a business
organization or financial institution for the use of the cardholder in (obtaining
anything on credit) (certifying or guaranteeing the availability of funds sufficient
to honor a draft or check) (gaining access to an account). 4
2. The defendant acquired the card without the consent of the cardholder. 5
"Without consent" means that there was no consent in fact. 6
3. The defendant acquired the card with intent to (use it) (sell it) (transfer it to a
person other than the issuer). 7
Deciding About Intent
You cannot look into a person's mind to find intent. Intent must be found, if found at
all, from the defendant's acts, words, and statements, if any, and from all the facts and
circumstances in this case bearing upon intent.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all three elements of theft of a
financial transaction card have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1496 (2009). Release No. 47, 5/2009. © 2009, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
86f8a0d273157fddeb30122c5e87d781203490f668ff9b995fb1365b64f6f704
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