(1) As used in this section, the term:(a) “Counterfeit credit card or debit card” means a:(i) Credit card or debit card that:1. Purports on its face to have been issued by an issuer that did not issue the card;2. Has been altered to contain a digital imprint other than that which was placed on the card by the issuer;3. Contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or4. Has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or(ii) Card, other than one (1) issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card.(b) “Credit card” means that term as defined in Section 97-45-31.(c) “Digital imprint” means the digital data placed on a credit card or debit card or on a counterfeit credit card or debit card.
(a) “Counterfeit credit card or debit card” means a:(i) Credit card or debit card that:1. Purports on its face to have been issued by an issuer that did not issue the card;2. Has been altered to contain a digital imprint other than that which was placed on the card by the issuer;3. Contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or4. Has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or(ii) Card, other than one (1) issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card.
(i) Credit card or debit card that:1. Purports on its face to have been issued by an issuer that did not issue the card;2. Has been altered to contain a digital imprint other than that which was placed on the card by the issuer;3. Contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or4. Has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or
1. Purports on its face to have been issued by an issuer that did not issue the card;
2. Has been altered to contain a digital imprint other than that which was placed on the card by the issuer;
3. Contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or
4. Has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or
(ii) Card, other than one (1) issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card.
(b) “Credit card” means that term as defined in Section 97-45-31.
(c) “Digital imprint” means the digital data placed on a credit card or debit card or on a counterfeit credit card or debit card.
(2) A person commits the offense of traffic in or possession of counterfeit credit cards if the person, with the intent to harm or defraud another, obtains, possesses, transfers or uses:(a) A counterfeit credit card or debit card or related documents;(b) The number and expiration date of a credit card or debit card without the consent of the account holder; or(c) The data stored on the digital imprint of a credit card or debit card without the consent of the account holder.
(a) A counterfeit credit card or debit card or related documents;
(b) The number and expiration date of a credit card or debit card without the consent of the account holder; or
(c) The data stored on the digital imprint of a credit card or debit card without the consent of the account holder.
(3) If an actor possessed five (5) or more of an item described by subsection (2)(b) or (c) of this section, a rebuttable presumption exists that the actor possessed each item without the consent of the account holder. The presumption established under this subsection does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a criminal law of this state.
(4) An offense under this section is:(a) A misdemeanor if the number of items obtained, possessed, transferred or used is less than five (5); and upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both.(b) A felony if the number of items obtained, possessed, transferred or used is five (5) or more but less than ten (10); and upon conviction, the offender shall be imprisoned for not less than one (1) year nor more than five (5) years and may be fined not more than Five Thousand Dollars ($5,000.00), or both.(c) A felony if the number of items obtained, possessed, transferred or used is ten (10) or more but less than fifty (50); and upon conviction, the offender shall be imprisoned for not less than five (5) years nor more than fifteen (15) years and may be fined not more than Ten Thousand Dollars ($10,000.00), or both.(d) A felony if the number of items obtained, possessed, transferred or used is fifty (50) or more; and upon conviction, the offender shall be imprisoned for not less than ten (10) years nor more than twenty (20) years and may be fined not more than Twenty Thousand Dollars ($20,000.00), or both.
(a) A misdemeanor if the number of items obtained, possessed, transferred or used is less than five (5); and upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both.
(b) A felony if the number of items obtained, possessed, transferred or used is five (5) or more but less than ten (10); and upon conviction, the offender shall be imprisoned for not less than one (1) year nor more than five (5) years and may be fined not more than Five Thousand Dollars ($5,000.00), or both.
(c) A felony if the number of items obtained, possessed, transferred or used is ten (10) or more but less than fifty (50); and upon conviction, the offender shall be imprisoned for not less than five (5) years nor more than fifteen (15) years and may be fined not more than Ten Thousand Dollars ($10,000.00), or both.
(d) A felony if the number of items obtained, possessed, transferred or used is fifty (50) or more; and upon conviction, the offender shall be imprisoned for not less than ten (10) years nor more than twenty (20) years and may be fined not more than Twenty Thousand Dollars ($20,000.00), or both.
(5) In addition to the penalties provided in subsection (4) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.
(6) An offense committed under this section may be prosecuted in any of the following counties:(a) The county where the offense occurred.(b) The county of residence or place of business of the direct or indirect victim.
(a) The county where the offense occurred.
(b) The county of residence or place of business of the direct or indirect victim.
(7) If a court orders a defendant convicted of an offense under this section to make restitution to a victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney’s fees, incurred as a result of the offense.
(8) If conduct that constitutes an offense under
this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.