PRINTER'S NO. 2795
No. 2126 Session of 1998
INTRODUCED BY LYNCH, JANUARY 22, 1998
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 22, 1998
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
17 another person who has not authorized its use;
18 (iii) the [card] access device has been revoked or
1 canceled; or
2 (iv) for any other reason his use of the [card]
3 access device is unauthorized by the issuer or the
4 [person to whom issued] device holder; or
5 (2) publishes, makes, sells, gives, or otherwise
6 transfers to another, or offers or advertises, or aids and
7 abets any other person to use [a credit card with the
8 knowledge or reason to believe that it will be used to obtain
9 property or services without payment of the lawful charges
10 therefor;] an access device knowing that the access device is
11 counterfeit, altered or incomplete, belongs to another person
12 who has not authorized its use, has been revoked or canceled,
13 or for any reason is unauthorized by the issuer or the device
14 holder; or
15 (3) [publishes a credit card or code of an existing,
16 canceled, revoked, expired, or nonexistent credit card, or
17 the numbering or coding which is employed in the issuance of
18 credit cards, with knowledge or reason to believe that it
19 will be used to avoid the payment for any property or
20 services.] possesses an access device knowing that it is
21 counterfeit, altered, incomplete or belongs to another person
22 who has not authorized its possession.
23 (a.1) Presumptions.--For the purpose of this section as well
24 as in any prosecution for theft committed by the means specified
25 in this section:
26 (1) An actor is presumed to know an access device is
27 counterfeit, altered or incomplete if he has in his
28 possession or under his control two or more counterfeit,
29 altered or incomplete access devices.
30 (2) Except for purposes of establishing probable cause
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1 for arrest, an actor using or possessing an access device
2 that has another person's name or account number printed,
3 embossed, encoded, stamped or otherwise appearing thereon is
4 presumed to act without the permission of the access device
5 holder and with knowledge that the access device belongs to
6 another person who has not authorized its use or possession.
7 (3) Knowledge of revocation or cancellation shall be
8 presumed to have been received by an access device holder
9 seven days after it has been mailed to him at the address set
10 forth on the access device application or at a new address if
11 a change of address has been provided to the issuer.
12 (b) Defenses.--
13 (1) It is a defense to prosecution under [subparagraph
14 (a)(1)(iv) of this section] subsection (a)(1)(iv), if the
15 actor proves by a preponderance of the evidence that he had
16 the intent and ability to meet all obligations to the issuer
17 arising out of his use of the [card.] access device.
18 (2) It is a defense to prosecution under subsection
19 (a)(1)(ii) if the actor proves by a preponderance of the
20 evidence that his use of the access device was with the
21 device holder's authorization.
22 (c) Grading.--
23 (1) An offense under [this section] subsection (a)(1)
24 falls within the following classifications depending on the
25 value of the property or service [secured] obtained or sought
26 to be [secured] obtained by means of the [credit card] access
27 device:
28 [(1)] (i) if the value involved [exceeds $500] was
29 $500 or more, the offense constitutes a felony of the
30 third degree; or
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1 [(2)] (ii) if the value involved was $50 or more but
2 less than $500, the offense constitutes a misdemeanor of
3 the [second] first degree; or
4 [(3)] (iii) if the value involved was less than $50,
5 the offense constitutes a [summary offense] misdemeanor
6 of the second degree.
7 (2) Amounts involved in unlawful use of [a credit card]
8 an access device pursuant to [one] a scheme or course of
9 conduct, whether from the same [issuers] issuer or several
10 issuers, may be aggregated in determining the classification
11 of the offense.
12 (3) An offense under subsection (a)(2) constitutes a
13 felony of the third degree.
14 (4) An offense under subsection (a)(3) constitutes a
15 misdemeanor of the third degree.
16 (5) Each access device involved in the offense specified
17 in subsection (a)(2) or (3) shall constitute a separate
18 offense.
19 (d) Definitions.--As used in this section the following
20 words and phrases shall have the meanings given to them in this
21 subsection:
22 ["Credit card." A writing or number or other evidence of an
23 undertaking to pay for property or services delivered or
24 rendered to or upon the order of a designated person or bearer.]
25 "Access device." Any card, including, but not limited to, a
26 credit card, debit card and automated teller machine card,
27 plate, code, account number, personal identification number or
28 other means of account access that can be used, alone or in
29 conjunction with another access device, to obtain money, goods,
30 services or anything else of value or that can be used to
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1 transfer funds.
2 "Altered access device." A validly issued access device
3 which after issue is changed in any way.
4 "Counterfeit access device." An access device not issued by
5 an issuer in the ordinary course of business.
6 "Device holder." The person or organization named on the
7 access device to whom or for whose benefit the access device is
8 issued by an issuer.
9 "Incomplete access device." An access device which does not
10 contain all of the printed, embossed, encoded, stamped or other
11 matter which an issuer requires to appear on a validly issued
12 access device.
13 "Issuer." The business organization or financial institution
14 which issues an access device or its duly authorized agent.
15 "Publishes." The communication of information to any one or
16 more persons, either [orally] in person, [or] by telephone,
17 radio [or], other telecommunication or electronic device,
18 television or in a writing of any kind, including without
19 limitation a letter or memorandum, circular or handbill,
20 newspaper or magazine article, or book.
21 (e) Venue.--Any offense committed under subsection (a)(1)
22 [of this section] may be deemed to have been committed at either
23 the place where the attempt to obtain property or services is
24 made, or at the place where the property or services were
25 received or provided, or at the place where the lawful charges
26 for said property or services are billed.
27 Section 2. Title 18 is amended by adding a section to read:
28 § 4106.1. Unlawful device-making equipment.
29 (a) Offense defined.--A person commits an offense if, with
30 intent to defraud or injure anyone, or with knowledge that he
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1 may be facilitating a fraud or injury to be perpetrated by
2 anyone, he:
3 (1) produces or traffics in device-making equipment; or
4 (2) possesses device-making equipment.
5 (b) Grading.--An offense under subsection (a)(1) is a felony
6 of the third degree. An offense under subsection (a)(2) is a
7 misdemeanor of the first degree.
8 (c) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Access device." Any card, including, but not limited to, a
12 credit card, debit card and automated teller machine card,
13 plate, code, account number, personal identification number or
14 other means of account access that can be used, alone or in
15 conjunction with another access device, to obtain money, goods,
16 services or anything else of value or that can be used to
17 initiate a transfer of funds.
18 "Device-making equipment." Any equipment, mechanism or
19 impression designed or capable of being used for making an
20 access device.
21 "Produce." Includes design, alter, authenticate, duplicate
22 or assemble.
23 "Traffic." Sell, give or otherwise transfer to another or
24 obtain control of with intent to dispose of or transfer.
25 Section 3. This act shall take effect in 60 days.
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