[§708-8106]  Defenses not available.  In
any prosecution for violation of this part, the prosecution is not required to
establish and it is no defense:



(1)  That a person other than the defendant who
violated this part has not been convicted, apprehended, or identified; or



(2)  That some of the acts constituting the offense
did not occur in this State or were not a crime or element of a crime where
they did occur. [L 1986, c 314, pt of §61]



 



COMMENTARY ON §§708-8100 TO 8106



 



  Act 314, Session Laws 1986, incorporated into the Code the
credit card offenses previously included under chapter 851.  Apart from this
change, credit card offense penalties were made more severe in recognition of
the increase in the criminal abuse of credit cards.  Also, Act 314 barred the
disclosure of credit cardholder lists, except in limited circumstances, because
the procurement from stores and credit bureaus of those lists increases the
likelihood of credit card fraud and theft.  Senate Standing Committee Report
No. 820-86, Conference Committee Report No. 51-86.



  Act 55, Session Laws 1988, amended §708-8100 by lowering the
value of money, goods, and services, required as an element of credit card
fraud in the class C felony category, from $500 to $300.  This amendment makes
this section uniform with similar statutory crimes.  House Standing Committee
Report No. 1173-88.



  Act 230, Session Laws 2006, amended §708-8100(2) to provide
that each separate use of a stolen credit card that exceeds $300 can be charged
as a separate incident.  House Standing Committee Report No. 665-06.