[PART X.] 
CREDIT CARD OFFENSES



 



§708-8100  Fraudulent use of a credit card. 
(1)  A person commits the offense of fraudulent use of a credit card, if with
intent to defraud the issuer, or another person or organization providing
money, goods, services, or anything else of value, or any other person, the
person:



(a) Uses or attempts or conspires to use, for the
purpose of obtaining money, goods, services, or anything else of value a credit
card obtained or retained in violation of section 708-8102 or a credit card
which the person knows is forged, expired, or revoked;



(b) Obtains or attempts or conspires to obtain money,
goods, services, or anything else of value by representing without the consent
of the cardholder that the person is the holder of a specified card or by
representing that the person is the holder of a card and such card has not in
fact been issued; or



(c) Uses or attempts or conspires to use a credit
card number without the consent of the cardholder for the purpose of obtaining
money, goods, services, or anything else of value.



(2)  Fraudulent use of a credit card is a class
C felony if the value of all money, goods, services, and other things of value
obtained or attempted to be obtained exceeds $300 in any six-month period.  For
purposes of this section, each separate use of a credit card that exceeds $300
constitutes a separate offense.



(3)  Fraudulent use of a credit card is a
misdemeanor, if the value of all money, goods, services, and other things of
value obtained or attempted to be obtained does not exceed $300 in any
six-month period.



(4)  Knowledge of revocation of a credit card
shall be presumed to have been received by a cardholder four days after it has
been mailed to the cardholder at the address set forth on the credit card or at
the last known address by registered or certified mail, return receipt
requested, and, if the address is more than five hundred miles from the place
of mailing, by air mail.  If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed
to have been received ten days after mailing by registered or certified mail.
[L 1986, c 314, pt of §61; am L 1988, c 55, §1; am L 2006, c 230, §44]



 



Case Notes



 



  Theft in the second degree is not a lesser included offense. 
70 H. 434, 774 P.2d 888.