1954.Using or Attempting to Use Counterfeit Access Card (Pen.
Code, § 484f(a))
The defendant is charged [in Count ] with (using/ [or] attempting
to use) a counterfeit access card [in violation of Penal Code section
To prove that the defendant is guilty of this crime, the People must
1. The defendant (used/ [or] attempted to use) a counterfeit access
2. When the defendant did that act, (he/she) intended to defraud.
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.]
Acounterfeit access card is a counterfeit, ﬁctitious, altered, or forged
access card or a false representation or depiction of an access card or
any part of such a card.
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/an unincorporated business/an association/the
[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.]
A person alters an access card if he or she adds to, erases, or changes a
part of the card that affects a legal, ﬁnancial, or property right.
A person (uses/ [or] attempts to use) a counterfeit access card if he or
she represents to someone that the card is genuine. The representation
may be made by words or conduct and may be either direct or indirect.
[The People allege that the defendant (used/ [or] attempted to use) the