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Criminal Jury Instructions

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10.2-17  Receipt of Money, Goods or Services Obtained by Illegal Use of a Credit Card -- § 53a-128g

Revised to December 1, 2007

The defendant is charged [in count __] with receiving money, goods or services obtained by the illegal use of a credit card.  The statute defining this offense imposes punishment on

any person who receives money, goods, services or anything else of value obtained through the illegal use of a credit card, knowing or believing the same to have been so obtained.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Received money, goods or services
The first element is that the defendant received money, goods, services or anything else of value obtained by the illegal use of a credit card.
1  <See Illegal Use of a Credit Card,  Instruction 10.2-10, Illegal Use of a Credit Card, Instruction 10.2-11, and Illegal Use of a Credit Card, Instruction 10.2-12.>

Element 2 - Knowledge
The second element is that the defendant knew or believed that the money, goods, services or anything else of value had been obtained by the illegal use of a credit card.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

[<Include if appropriate:>  Any person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company that was acquired by the illegal use of a credit card without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of said section.  This means that you may find, but are not required to, that the defendant knew that the ticket had been acquired through the illegal use of a credit card if you find that (he/she) did not make a reasonable inquiry into the person's right to use the card.]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant received money, goods, services or anything else of value obtained by the illegal use of a credit card, and 2) (he/she) knew that the money, goods, services had been obtained by the illegal use of a credit card.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the receipt of money, goods, or services obtained by illegal use of a credit card, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 In violation of General Statutes § 53a-128d.
 


 

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