The state accuses the defendant of having committed the offense of credit card or debit card abuse.

Relevant Statutes

A person commits the offense of credit card or debit card abuse if the person, with intent to obtain a benefit fraudulently, presents or uses a credit card or debit card with knowledge that the card, whether expired or not expired, has not been issued to him and is not used with the effective consent of the cardholder.

Definitions

Benefit

“Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

Consent

“Consent” means assent in fact, whether express or apparent.

Effective Consent

[Include relevant parts of definition as raised by the evidence.]

“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if it is—

1. induced by force, threat, or fraud;
2. given by a person the actor knows is not legally authorized to act for the owner;
3. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
4. given solely to detect the commission of an offense.

Intent to Obtain a Benefit Fraudulently

“Intent to obtain a benefit fraudulently” means the conscious objective or desire to obtain a benefit fraudulently.

Knew that the Card Was Not Issued to the Defendant

“Knew that the card was not issued to the defendant” means that the defendant was aware that the card was not issued to the defendant.

Knew that the Cardholder Had Not Effectively Consented to the Defendant’s Presentation or Use of the Card

“Knew that the cardholder had not effectively consented to the defendant’s presentation or use of the card” means that the defendant was aware that the defendant’s presentation or use of the card was without the effective consent of the cardholder.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], presented or used a [credit/debit] card;
2. the [credit/debit] card was not issued to the defendant;
3. the cardholder, [name], had not effectively consented to the defendant’s presentation or use of the card;
4. the defendant knew both that—
   1. the card was not issued to the defendant; and
   2. [name] had not effectively consented to the defendant’s presentation or use of the card; and
5. the defendant had the intent to obtain a benefit fraudulently.

You must all agree on elements 1 through 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 5 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, all five of the elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]