The state accuses the defendant of having committed the offense of fraudulent use or possession of identifying information.

Relevant Statutes

A person commits the offense of fraudulent use or possession of identifying information if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person’s consent or effective consent.

Definitions

Identifying Information

“Identifying information” means information that alone or in conjunction with other information identifies a person, including a person’s—

1. name and date of birth;
2. unique biometric data, including the person’s fingerprint, voice print, or retina or iris image;
3. unique electronic identification number, address, routing code, or financial institution account number;
4. telecommunication identifying information or access device; and
5. social security number or other government-issued identification number.

Telecommunication Access Device

“Telecommunication access device” means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to—

1. obtain money, goods, services, or other thing of value; or
2. initiate a transfer of funds other than a transfer originated solely by paper instrument.

Possession

“Possession” means actual care, custody, control, or management.

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.

Harm

“Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

Intent to Harm or Defraud Another

“Intent to harm or defraud another” means the conscious objective or desire to harm or defraud another.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], [insert specific allegations, e.g., possessed identifying information of [name], specifically name and date of birth, without the consent or effective consent of name]; and
2. the defendant had the intent to harm or defraud another.

You must all agree on elements 1 and 2 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or both of elements 1 and 2 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, both of the two 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.]