CREDIT CARD CRIMES:
INTENT TO DEFRAUD BY PERSON AUTHORIZED TO FURNISH
MONEY,
GOODS OR SERVICES (FURNISHING ANYTHING OF VALUE)
N.J.S.A.
2C:21-6e(1) model jury charge
The defendant is charged in count of the indictment as follows:
(Read Count of the Indictment)
The applicable section of the
statute reads as follows:
A person, who is authorized by an issuer to furnish
money, goods, services or anything else of value upon presentation of a credit
card by the cardholder, or any agent or employees of such person, who, with
intent to defraud the issuer or the cardholder, furnishes money, goods,
services or anything else of value upon presentation of a credit card obtained
or retained in violation of the law . . . is guilty of a crime.
In
order to find the defendant guilty, the State must prove the following elements
beyond a reasonable doubt:
1. The
defendant was a person authorized or an agent or employee of a person
authorized by an issuer to furnish money, goods, services or anything else of
value upon presentation of a credit card by the cardholder.
2. The defendant furnished money, goods,
services or anything else of value upon presentation of a credit card obtained
or retained in violation of the law, [Choose
Whichever Applicable], (1) without the consent of the cardholder; (2) a
credit card believed to have been lost, mislaid or delivered under a mistake as
to the identity or address of the cardholder; (3) a credit card bought from a
person other than the issuer; (4) a credit card obtained as security for a debt;
or (5) a credit card falsely made or falsely embossed.
3. The defendant acted knowingly.
4. The defendant had the intent to defraud
the issuer or cardholder.
The
first element that the State must prove beyond a reasonable doubt is that the
defendant was a person authorized or an agent or employee of a person
authorized by an issuer to furnish money, goods, services or anything else of
value upon presentation of a credit card by the cardholder.
“Issuer”
means the business organization or financial institution which issues a credit
card or its duly authorized agent.
“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.
“Cardholder”
means the person or organization named on the face of a credit
card to whom or for whose benefit the credit card is
issued by an issuer.
The
second element that the State must prove beyond a reasonable doubt is that the
defendant furnished money, goods, services or anything else of value upon
presentation of a credit card obtained or retained in violation or the law, [Choose
Whichever Applicable], (1) without the consent of the cardholder; (2) a
credit card believed to have been lost, mislaid or delivered under a mistake as
to the identity or address of the cardholder; (3) a credit card bought from a
person other than the issuer; (4) a credit card obtained as security for a
debt; or (5) a credit card falsely made or falsely embossed.
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.
The
fourth element that the State must prove beyond a reasonable doubt is that the
defendant had the intent to defraud the issuer or cardholder.
A person
acts “with intent” when he/she acts with purpose. A
person acts purposely with respect to the nature of his/her
conduct or a result thereof if it is his/her
conscious objective to engage in conduct of that nature or to cause such a
result. A person acts purposely with
respect to attendant circumstances if he/she is aware of the existence of such circumstances or believes or
hopes that they exist. One can be deemed
to be acting purposely if he/she acts with design, with a purpose, with a particular objective,
if the individual means to do what he/she does.
Purpose
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 purposely.
“To
defraud” means to deprive a person of property or any interest, estate, or
right by deceit or artifice, to cheat.
If
you find that the State has proven all of the above elements beyond a
reasonable doubt, then you must find the defendant guilty of the crime charged.
If, however, you find that the State
has failed to prove any of the elements of the crime beyond a reasonable doubt,
you must then find the defendant not guilty.