TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 31

FALSE PRETENSES, CHEATS AND MISREPRESENTATIONS

18-3124.  Fraudulent use of a financial transaction card or number. It is a violation of the provisions of this section for any person with the intent to defraud:

(1)  To use an FTC or FTC number to knowingly and willfully exceed the actual balance of the demand deposit account or time deposit account;

(2)  To use an FTC or FTC number to willfully exceed an authorized credit line in the amount of one thousand dollars ($1,000) or more, or fifty percent (50%) of such authorized credit line, whichever is greater;

(3)  To willfully deposit into his account or any other account by means of an automatic banking device, any false, forged, fictitious, altered or counterfeit check draft, money order, or any other such document;

(4)  To knowingly sell or attempt to sell credit card sales drafts to an authorized credit card merchant or any other person or organization, for any consideration whether at a discount or otherwise, or present or cause to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, or purchase or attempt to purchase any credit card sales draft for presentation to the issuer or an authorized credit card merchant for payment or collection if:

(a)  Such draft is counterfeit or fictitious;

(b)  The purported sale evidenced by such credit card sales draft did not take place;

(c)  The purported sale was not authorized by the card holder;

(d)  The items or services purported to be sold as evidenced by such credit card sales draft are not delivered or rendered to the card holder or person intended to receive them; or

(e)  If purportedly delivered or rendered, such goods or services are of materially lesser value or quality from that intended by the purchaser, or are materially different from goods or services represented by the seller or his agent to the purchaser, or have substantial discrepancies from goods or services impliedly represented by the purchase price when compared with the actual goods or services purportedly delivered or rendered.

(5)  To knowingly keep or maintain in any manner carbon or other impressions or copies of credit card sales drafts, and to use such impressions or copies for the purpose of creating any fictitious or counterfeit credit sales draft, or to engage in any other activity prohibited in this section.

History:

[18-3124, added 1981, ch. 164, sec. 3, p. 289; am. 1991, ch. 331, sec. 3, p. 857; am. 1999, ch. 124, sec. 2, p. 363; am. 2002, ch. 72, sec. 1, p. 158; am. 2007, ch. 33, sec. 2, p. 76.]