1951.Acquiring or Retaining an Access Card or Account Number
(Pen. Code, § 484e(c))
The defendant is charged [in Count ] with unlawfully (acquiring/
[or] retaining) an access card [in violation of Penal Code section
To prove that the defendant is guilty of this crime, the People must
1. The defendant (acquired/ [or] retained) an access card;
2. The defendant did so without the consent of the cardholder or
the issuer of the card;
3. When the defendant (acquired/ [or] retained) the access card,
(he/she) intended to defraud by (using it[,]/ [or] selling or
transferring it to someone other than the cardholder or issuer).
An access card is a card, plate, code, account number, or other means of
account access that can be used, alone or with another access card, to
obtain (money[,]/ [or] goods[,]/ [or] services[,]/ [or] anything of value),
or that can be used to begin a transfer of funds[, other than a transfer
originated solely by a paper document].
[(A/An) <insert description, e.g., ATM card, credit card> is
an access card.]
Acardholder is someone who has been issued an access card [or who
has agreed with a card issuer to pay debts arising from the issuance of
an access card to someone else].
Acard issuer is a company [or person] [or the agent of a company or
person] that issues an access card to a cardholder.
[Selling means exchanging something for money, services, or anything of
Someone intends to defraud if he or she intends to deceive another
person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/
[or] something [else] of value), or to cause damage to, a legal, ﬁnancial,
or property right.
[For the purpose of this instruction, a person includes (a governmental
agency/a corporation/a business/an association/the body politic).]
[It is not necessary that anyone actually be defrauded or actually suffer
a ﬁnancial, legal, or property loss as a result of the defendant’s acts.]
[The People allege that the defendant (acquired/ [or] retained) the