TITLE 11

Criminal Offenses

CHAPTER 11-49

Credit Card Crime Act

SECTION 11-49-3



   § 11-49-3  Theft – Obtaining credit

card through fraudulent means. –

(a) Theft by taking or retaining possession of card taken. A person who

takes a credit card from the person, possession, custody, or control of another

without the cardholder's consent, or who, with knowledge that it has been so

taken, receives the credit card with intent to use it, to sell it, or to

transfer it to a person other than the issuer or the cardholder, is guilty of

credit card theft and is subject to the penalties set forth in §

11-49-10(a). Taking a credit card without consent includes obtaining it by

conduct defined or known as statutory larceny, common law larceny by

trespassory taking, common law larceny by trick or embezzlement, or obtaining

property by false pretense, false promise, or extortion.



   (b) Theft of credit card lost, mislaid or delivered by

mistake. A person who receives a credit card that he or she knows to have

been lost, mislaid, or delivered under a mistake as to the identity or address

of the cardholder and who retains possession with intent to use it, to sell it,

or to transfer it to a person other than the issuer or the cardholder, is

guilty of credit card theft and is subject to the penalties set forth in §

11-49-10(a).



   (c) Purchase or sale of credit card of another. A

person other than the issuer who sells a credit card, or a person who buys a

credit card from a person other than the issuer, violates this subsection and

is subject to the penalties set forth in § 11-49-10(a).



   (d) Obtaining control of credit card as security for

debt. A person who, with intent to defraud the issuer, a person or

organization providing money, goods, services, or anything else of value, or

any other person, obtains control over a credit card as security for debt

violates this subsection and is subject to the penalties set forth in §

11-49-10(a).



   (e) Dealing in credit cards of another. A person other

than the issuer who during any twelve (12) month period receives two (2) or

more credit cards issued in the name or names of different cardholders, which

he or she has reason to know were taken or retained under circumstances which

constitute credit card theft or a violation of this law, violates this

subsection and is subject to the penalties set forth in § 11-49-10(b).



   (f) Forgery of credit card. A person who, with intent

to defraud a purported issuer or a person or organization providing money,

goods, services, or anything else of value or any other person, falsely makes

or embosses a purported credit card or utters a credit card is guilty of credit

card forgery and is subject to the penalties set forth in § 11-49-10(b). A

person other than the purported issuer who possesses two (2) or more credit

cards which are falsely made or falsely embossed is presumed to have violated

this subsection. A person falsely makes a credit card when he or she makes or

draws in whole or in part a device or instrument which purports to be the

credit card of a named issuer but which is not a credit card of the named

issuer because the issuer did not authorize the making or drawing, or alters a

credit card which was validly issued. A person falsely embosses a credit card

when, without the authorization of the named issuer, he or she completes a

credit card by adding any of the matter, other than the signature of the

cardholder, which an issuer requires to appear on the credit card before it can

be used by a cardholder.



   (g) Signing credit card of another. A person other

than the cardholder or a person authorized by the cardholder who, with intent

to defraud the issuer or a person or organization providing money, goods,

services, or anything else of value or any other person, signs a credit card

violates this subsection and is subject to the penalties set forth in §

11-49-10(a).



History of Section.

(P.L. 1969, ch. 129, § 2.)