§ 11-49-3 - Theft – Obtaining credit card through fraudulent means.
SECTION 11-49-3
§ 11-49-3 Theft – Obtaining creditcard through fraudulent means. – (a) Theft by taking or retaining possession of card taken. A person whotakes a credit card from the person, possession, custody, or control of anotherwithout the cardholder's consent, or who, with knowledge that it has been sotaken, receives the credit card with intent to use it, to sell it, or totransfer it to a person other than the issuer or the cardholder, is guilty ofcredit card theft and is subject to the penalties set forth in §11-49-10(a). Taking a credit card without consent includes obtaining it byconduct defined or known as statutory larceny, common law larceny bytrespassory taking, common law larceny by trick or embezzlement, or obtainingproperty by false pretense, false promise, or extortion.
(b) Theft of credit card lost, mislaid or delivered bymistake. A person who receives a credit card that he or she knows to havebeen lost, mislaid, or delivered under a mistake as to the identity or addressof 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, isguilty 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. Aperson other than the issuer who sells a credit card, or a person who buys acredit card from a person other than the issuer, violates this subsection andis subject to the penalties set forth in § 11-49-10(a).
(d) Obtaining control of credit card as security fordebt. A person who, with intent to defraud the issuer, a person ororganization providing money, goods, services, or anything else of value, orany other person, obtains control over a credit card as security for debtviolates this subsection and is subject to the penalties set forth in §11-49-10(a).
(e) Dealing in credit cards of another. A person otherthan the issuer who during any twelve (12) month period receives two (2) ormore credit cards issued in the name or names of different cardholders, whichhe or she has reason to know were taken or retained under circumstances whichconstitute credit card theft or a violation of this law, violates thissubsection and is subject to the penalties set forth in § 11-49-10(b).
(f) Forgery of credit card. A person who, with intentto defraud a purported issuer or a person or organization providing money,goods, services, or anything else of value or any other person, falsely makesor embosses a purported credit card or utters a credit card is guilty of creditcard forgery and is subject to the penalties set forth in § 11-49-10(b). Aperson other than the purported issuer who possesses two (2) or more creditcards which are falsely made or falsely embossed is presumed to have violatedthis subsection. A person falsely makes a credit card when he or she makes ordraws in whole or in part a device or instrument which purports to be thecredit card of a named issuer but which is not a credit card of the namedissuer because the issuer did not authorize the making or drawing, or alters acredit card which was validly issued. A person falsely embosses a credit cardwhen, without the authorization of the named issuer, he or she completes acredit card by adding any of the matter, other than the signature of thecardholder, which an issuer requires to appear on the credit card before it canbe used by a cardholder.
(g) Signing credit card of another. A person otherthan the cardholder or a person authorized by the cardholder who, with intentto defraud the issuer or a person or organization providing money, goods,services, or anything else of value or any other person, signs a credit cardviolates this subsection and is subject to the penalties set forth in §11-49-10(a).