CR28-249 01/20/17

USE OF PAYMENT CARD RE-ENCODERS – 13 V.S.A. § 1816(b)

The State has charged (Def)_______________ with use or a payment card re-encoder, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) used a re-encoder to place encoded information on [the computer chip or magnetic strip or stripe of a payment card] [any electronic medium that allows an authorized transaction to occur] without the permission of the authorized user of the payment card from which the information is being re-encoded; and

(3) [he] [she] did so knowingly, wittingly, with the intent to defraud.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ used a re-encoder to place encoded information on [the computer chip or magnetic strip or stripe of a payment card] [any electronic medium that allows an authorized transaction to occur] without the permission of the authorized user of the payment card from which the information is being re-encoded.

A re-encoder is an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.

Payment card means a credit card, debit card, or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money, or anything else of value.

The last essential element is that (Def)_______________ used the re-encoder knowingly, wittingly, and with the intent to defraud. To defraud means to illegally obtain money, property, services, or anything of value by deception. The State must have proven that (Def)_______________ used the re-encoder intentionally, and not inadvertently, or because of mistake, or by accident. (Def)_______________ must have used the re-encoder on purpose and with the conscious objective of obtaining money, property, services, or any other thing of value.

            The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.  In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.