CREDIT/DEBIT CARD THEFT - ELEMENTS
No person may be convicted of credit/debit card theft unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, taking a credit/debit card;
Second, from the possession/custody/control of another;
Third, without the cardholder's consent.
First, receiving a credit/debit card;
Second, with the intent to (use/sell it)/(transfer it to a person other than the issuer or the cardholder);
Third, knowing that the credit/debit card was taken;
Fourth, from [the possession/custody/control of] another;
Fifth, without the cardholder's consent.
First, receiving/holding/concealing a credit/debit card;
Second, which had been lost/mislaid;
Third, under circumstances which gave him/her knowledge/cause to inquire as to the true owner;
Fourth, and appropriating the credit/debit card to his/her use/(the use of another not entitled to it).
[You may, but are not required to, regard proof that the defendant had (in his/her possession)/(under his/her control) another's credit/debit card as sufficient evidence of credit/debit card theft. The defendant's guilt of credit/debit card theft must be proved beyond a reasonable doubt.]
Statutory Authority: 21 O.S. 1991, §§ 1550.22, 1550.23.
Notes on Use
This instruction is drafted to cover prosecutions under 21 O.S. 1991, §§ 1550.22, 1550.23 only, and the following instruction covers prosecutions under 21 O.S. 1991, § 1550.28(b). The trial court will need to draft its own instructions for prosecutions of other crimes involving credit or debit cards. Definitions for various terms may be found in 21 O.S. 1991, §§ 1550.1, 1550.21.
The last bracketed paragraph should be given only with prosecutions under 21 O.S. 1991, § 1550.22; it is phrased in terms of a permissive presumption under 12 O.S. 1991, § 2304(C).