(a) A person commits an offense if he uses a credit card with the intent of obtaining property or services with knowledge that: (1) the card is stolen or forged; (2) the card has been revoked or cancelled; or (3) for any other reason his use of the card is unauthorized. (b) It is an affirmative defense to prosecution under Paragraph (3) of Subsection (a) if the defendant proves by a preponderance of the evidence that he had the ability and intended to meet all obligations to the issuer arising out of his use of the card. (c) Credit card means a writing purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
(d) An offense under this Section is a felony of the third degree if the value of the property or services secured or sought to be secured by means of the credit card exceeds $500; otherwise it is a misdemeanor. SOURCE: *M.P.C. § 224.6; cf Cal. § 1040 (1971); Mass. ch. 266, § 24; N.J. § 2C:21-6. CROSS-REFERENCES: See Sections 43.35 and 43.55 - Theft by deception. People v. Von Hecht, 133 Cal. App. 2d, 25, 383, Pac. 2nd 764 (1955). COMMENT: This is a new Section having no parallel in former law. This Section recognizes a new element (relatively speaking, in comparison with the age of the Guam Penal Code) in Commerce, that of the credit card. Chapter 43 of this Code does not reach the issue of use of another's credit card. The merchant who is deceived by the defendant using someone else's credit card does not lose thereby. He is paid by the credit company. The owner who is deceived by the defendant using the credit card is usually limited to a loss of fifty dollars. It is the credit card company, a third party to the transaction, who suffers the loss. Thus, the need for this Section.