CREDIT CARD CRIMES:
CREDIT CARD THEFT (SELLS A CREDIT CARD)
N.J.S.A.
2C:21-6c(3) model jury charge
The
defendant is charged with Credit Card Theft. Specifically,
(Read Count of Indictment)
The
applicable section of the statute reads as follows:
A person other than the issuer who sells a credit card .
. . is guilty of a crime.
In
order for you to find the defendant guilty, the State must prove the following
elements beyond a reasonable doubt:
1.
That the defendant sold a
credit card;
2. That the defendant was not the issuer
of the credit card and;
3. That the defendant acted knowingly.
The
first element that the State must prove beyond a reasonable doubt is that the
defendant sold a credit card.
“Credit
card” means any tangible or intangible instrument or device issued with or
without a fee by an issuer that can be used, alone or in connection with
another means of account access, in obtaining money, goods, services or
anything else of value on credit, including credit cards, credit plates,
account numbers, or any other means of account access.
“Issuer”
means the business organization or financial institution which issues a credit
card or its duly authorized agent.
The
second element that the State must prove beyond a reasonable doubt is that the
defendant is a person other than the issuer.
The
third element that the State must prove beyond a reasonable doubt is that the
defendant acted knowingly.
A
person acts “knowingly” with respect to a result of his/her conduct if he/she is aware that
it is practically certain that his/her conduct will
cause such a result. A person acts knowingly
with respect to the nature of his/her conduct if he/she is aware
that his/her conduct is of
that nature. “Knowing,” “with knowledge”
or equivalent terms have the same meaning.
Knowledge
is a condition of the mind which cannot be seen and can only be determined by inferences
from conduct, words or acts. It is not
necessary for the State to produce a witness or witnesses who could testify
that the defendant acted knowingly If you
find that the State has proven each of the above-mentioned elements of this
offense beyond a reasonable doubt, then you must find the defendant guilty of
the charge of credit card theft.
If,
however, you find that the State has failed to prove any of the elements of
this offense beyond a reasonable doubt, then you must find the defendant not
guilty of the charge of credit card theft.