TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 57

PUBLIC FUNDS AND SECURITIES

18-5703.  Definitions. As used in this chapter:

(1)  "Financial transaction card" means:

(a)  Any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the cardholder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or

(b)  Any instrument or device used in providing the cardholder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler’s checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

(2)  "Financial transaction card account number" means the account number assigned by an issuer to a financial transaction card to identify and account for transactions involving that financial transaction card.

(3)  "Governmental entity" means:

(a)  The state of Idaho, including all branches, departments, divisions, agencies, boards, commissions and other governmental bodies of the state; and

(b)  Counties, cities, districts and all other political subdivisions of the state of Idaho.

(4)  "Public employee" means any person who is not a public officer and is employed by a governmental entity.

(5)  "Public moneys" includes all bonds and evidences of indebtedness, fees, fines, forfeitures, and all other moneys belonging to or in the charge of a governmental entity or held by a public officer or public employee in his official capacity, and all financial transaction cards, financial transaction card account numbers and credit accounts issued to or for the benefit of the governmental entity.

(6)  "Public officer" means any person holding public office of a governmental entity:

(a)  As an elected official, by virtue of an election process, including persons appointed to a vacant elected office; or

(b)  As an appointed official by virtue of a formal appointment as required by law.

History:

[18-5703, added 1972, ch. 336, sec. 1, p. 954; am. 2006, ch. 156, sec. 2, p. 472; am. 2008, ch. 56, sec. 3, p. 145.]