CREDIT CARD CRIMES:
CREDIT CARD THEFT(BUYS 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 who
buys a credit card from a person other than the issuer 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 bought a credit
card;
2. That the defendant bought the credit
card from a person other than the issuer of the card and;
3. That the defendant acted knowingly.
The first
element that the State must prove beyond a reasonable doubt is that the
defendant bought 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 bought the credit card from a person other than the issuer of the
card.
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.
