SENATE AMENDED
PRIOR PRINTER'S NOS. 3082, 3177 PRINTER'S NO. 3562
No. 2379 Session of 1996
INTRODUCED BY LYNCH, D. W. SNYDER, ITKIN, McGEEHAN, FARGO,
MAITLAND, HALUSKA, EGOLF, TRELLO, NICKOL, WAUGH, SAYLOR,
READSHAW, MILLER, CLARK, FEESE, SCHULER, BELFANTI,
E. Z. TAYLOR, BAKER, WOGAN, CORRIGAN, J. TAYLOR, TIGUE,
ALLEN, HENNESSEY, BROWNE AND MERRY, FEBRUARY 6, 1996
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
MAY 14, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for credit card
3 fraud; defining the offense of unlawful device-making
4 equipment; and providing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4106 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 4106. [Credit cards] Access device fraud.
10 (a) Offense defined.--A person commits an offense if he:
11 (1) uses [a credit card for the purpose of obtaining] an
12 access device to obtain or in an attempt to obtain property
13 or services with knowledge that:
14 (i) the [card is stolen, forged or fictitious]
15 access device is counterfeit, altered or incomplete;
16 (ii) the [card belongs] access device was issued to
1 another person who has not authorized its use;
2 (iii) the [card] access device has been revoked or
3 canceled; or
4 (iv) for any other reason his use of the [card]
5 access device is unauthorized by the issuer or the
6 [person to whom issued] device holder; or
7 (2) publishes, makes, sells, gives, or otherwise
8 transfers to another, or offers or advertises, or aids and
9 abets any other person to use [a credit card with the
10 knowledge or reason to believe that it will be used to obtain
11 property or services without payment of the lawful charges
12 therefor;] an access device knowing that the access device is
13 counterfeit, altered or incomplete, belongs to another person
14 who has not authorized its use, has been revoked or canceled,
15 or for any reason is unauthorized by the issuer or the device
16 holder; or
17 (3) [publishes a credit card or code of an existing,
18 canceled, revoked, expired, or nonexistent credit card, or
19 the numbering or coding which is employed in the issuance of
20 credit cards, with knowledge or reason to believe that it
21 will be used to avoid the payment for any property or
22 services.] possesses an access device knowing that it is
23 counterfeit, altered, incomplete or belongs to another person
24 who has not authorized its possession.
25 (a.1) Presumptions.--For the purpose of this section as well
26 as in any prosecution for theft committed by the means specified
27 in this section:
28 (1) An actor is presumed to know an access device is
29 counterfeit, altered or incomplete if he has in his
30 possession or under his control two or more counterfeit,
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1 altered or incomplete access devices.
2 (2) EXCEPT FOR PURPOSES OF ESTABLISHING PROBABLE CAUSE <--
3 FOR ARREST, AN ACTOR USING OR POSSESSING AN ACCESS DEVICE
4 THAT HAS ANOTHER PERSON'S NAME OR ACCOUNT NUMBER PRINTED,
5 EMBOSSED, ENCODED, STAMPED OR OTHERWISE APPEARING THEREON IS
6 PRESUMED TO ACT WITHOUT THE PERMISSION OF THE ACCESS DEVICE
7 HOLDER AND WITH KNOWLEDGE THAT THE ACCESS DEVICE BELONGS TO
8 ANOTHER PERSON WHO HAS NOT AUTHORIZED ITS USE OR POSSESSION.
9 (2) (3) Knowledge of revocation or cancellation shall be <--
10 presumed to have been received by an access device holder
11 seven days after it has been mailed to him at the address set
12 forth on the access device application or at a new address if
13 a change of address has been provided to the issuer.
14 (b) Defenses.--
15 (1) It is a defense to prosecution under [subparagraph
16 (a)(1)(iv) of this section] subsection (a)(1)(iv), if the
17 actor proves by a preponderance of the evidence that he had
18 the intent and ability to meet all obligations to the issuer
19 arising out of his use of the [card] access device.
20 (2) It is a defense to prosecution under subsection
21 (a)(1)(ii) if the actor proves by a preponderance of the
22 evidence that his use of the access device was with the
23 device holder's authorization.
24 (c) Grading.--
25 (1) An offense under [this section] subsection (a)(1)
26 falls within the following classifications depending on the
27 value of the property or service [secured] obtained or sought
28 to be [secured] obtained by means of the [credit card] access
29 device:
30 [(1)] (i) if the value involved [exceeds $500] was
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1 $500 or more, the offense constitutes a felony of the
2 third degree; or
3 [(2)] (ii) if the value involved was $50 or more but
4 less than $500, the offense constitutes a misdemeanor of
5 the [second] first degree; or
6 [(3)] (iii) if the value involved was less than $50,
7 the offense constitutes a [summary offense] misdemeanor
8 of the second degree.
9 (2) Amounts involved in unlawful use of [a credit card]
10 an access device pursuant to [one] a scheme or course of
11 conduct, whether from the same [issuers] issuer or several
12 issuers, may be aggregated in determining the classification
13 of the offense.
14 (3) An offense under subsection (a)(2) constitutes a
15 felony of the third degree.
16 (4) An offense under subsection (a)(3) constitutes a
17 misdemeanor of the third degree.
18 (5) Each access device involved in the offense specified
19 in subsection (a)(2) or (3) shall constitute a separate
20 offense.
21 (d) Definitions.--As used in this section the following
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 ["Credit card." A writing or number or other evidence of an
25 undertaking to pay for property or services delivered or
26 rendered to or upon the order of a designated person or bearer.]
27 "Access device." Any card, including, but not limited to, a
28 credit card, debit card and automated teller machine card,
29 plate, code, account number, personal identification number or
30 other means of account access that can be used, alone or in
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1 conjunction with another access device, to obtain money, goods,
2 services or anything else of value or that can be used to
3 transfer funds.
4 "Altered access device." A validly issued access device
5 which after issue is changed in any way.
6 "Counterfeit access device." An access device not issued by
7 an issuer in the ordinary course of business.
8 "Device holder." The person or organization named on the
9 access device to whom or for whose benefit the access device is
10 issued by an issuer.
11 "Incomplete access device." An access device which does not
12 contain all of the printed, embossed, encoded, stamped or other
13 matter which an issuer requires to appear on a validly issued
14 access device.
15 "Issuer." The business organization or financial institution
16 which issues an access device or its duly authorized agent.
17 "Publishes." The communication of information to any one or
18 more persons, either [orally] in person, [or] by telephone,
19 radio [or], other telecommunication or electronic device,
20 television or in a writing of any kind, including without
21 limitation a letter or memorandum, circular or handbill,
22 newspaper or magazine article, or book.
23 (e) Venue.--Any offense committed under subsection (a)(1)
24 [of this section] may be deemed to have been committed at either
25 the place where the attempt to obtain property or services is
26 made, or at the place where the property or services were
27 received or provided, or at the place where the lawful charges
28 for said property or services are billed.
29 Section 2. Title 18 is amended by adding a section to read:
30 § 4106.1. Unlawful device-making equipment.
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1 (a) Offense defined.--A person commits an offense if, with
2 intent to defraud or injure anyone, or with knowledge that he
3 may be facilitating a fraud or injury to be perpetrated by
4 anyone, he:
5 (1) produces or traffics in device-making equipment; or
6 (2) possesses device-making equipment.
7 (b) Grading.--An offense under subsection (a)(1) is a felony
8 of the third degree. An offense under subsection (a)(2) is a
9 misdemeanor of the first degree.
10 (c) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Access device." Any card, including, but not limited to, a
14 credit card, debit card and automated teller machine card,
15 plate, code, account number, personal identification number or
16 other means of account access that can be used, alone or in
17 conjunction with another access device, to obtain money, goods,
18 services or anything else of value or that can be used to
19 initiate a transfer of funds.
20 "Device-making equipment." Any equipment, mechanism or
21 impression designed or capable of being used for making an
22 access device.
23 "Produce." Includes design, alter, authenticate, duplicate
24 or assemble.
25 "Traffic." Sell, give or otherwise transfer to another or
26 obtain control of with intent to dispose of or transfer.
27 Section 3. This act shall take effect in 60 days.
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