18.2-195 - Credit card fraud; conspiracy; penalties.
§ 18.2-195. Credit card fraud; conspiracy; penalties.
(1) A person is guilty of credit card fraud when, with intent to defraud anyperson, he:
(a) Uses for the purpose of obtaining money, goods, services or anything elseof value a credit card or credit card number obtained or retained inviolation of § 18.2-192 or a credit card or credit card number which he knowsis expired or revoked;
(b) Obtains money, goods, services or anything else of value by representing(i) without the consent of the cardholder that he is the holder of aspecified card or credit card number or (ii) that he is the holder of a cardor credit card number and such card or credit card number has not in factbeen issued;
(c) Obtains control over a credit card or credit card number as security fordebt; or
(d) Obtains money from an issuer by use of an unmanned device of the issueror through a person other than the issuer when he knows that such advancewill exceed his available credit with the issuer and any available balancesheld by the issuer.
(2) A person who is authorized by an issuer to furnish money, goods, servicesor anything else of value upon presentation of a credit card or credit cardnumber by the cardholder, or any agent or employee of such person, is guiltyof a credit card fraud when, with intent to defraud the issuer or thecardholder, he:
(a) Furnishes money, goods, services or anything else of value uponpresentation of a credit card or credit card number obtained or retained inviolation of § 18.2-192, or a credit card or credit card number which heknows is expired or revoked;
(b) Fails to furnish money, goods, services or anything else of value whichhe represents or causes to be represented in writing or by any other means tothe issuer that he has furnished; or
(c) Remits to an issuer or acquirer a record of a credit card or credit cardnumber transaction which is in excess of the monetary amount authorized bythe cardholder.
(3) Conviction of credit card fraud is punishable as a Class 1 misdemeanor ifthe value of all money, goods, services and other things of value furnishedin violation of this section, or if the difference between the value of allmoney, goods, services and anything else of value actually furnished and thevalue represented to the issuer to have been furnished in violation of thissection, does not exceed $200 in any six-month period; conviction of creditcard fraud is punishable as a Class 6 felony if such value exceeds $200 inany six-month period.
(4) Any person who conspires, confederates or combines with another, (i)either within or without the Commonwealth to commit credit card fraud withinthe Commonwealth or (ii) within the Commonwealth to commit credit card fraudwithin or without the Commonwealth, is guilty of a Class 6 felony.
(Code 1950, § 18.1-125.6; 1968, c. 480; 1975, cc. 14, 15; 1978, c. 364; 1980,c. 99; 1981, c. 197; 1985, c. 266; 1991, c. 546.)