21-3729. Criminal use of a financial card. - Kansas Statutes

21-3729

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3729.   Criminal use of a financial card.(a) Criminal use of a financial card is any of the following acts done withintent to defraud and for the purpose of obtaining money, goods, property,services or communication services:

      (1)   Using a financial card without the consent of thecardholder; or

      (2)   knowingly using a financial card, or the number ordescription thereof, which has been revoked or canceled; or

      (3)   using a falsified, mutilated, altered or nonexistentfinancial card or a number or description thereof.

      (b)   For the purposes of this section:

      (1)   "Financial card" means an identification card, plate,instrument,device or number issued by a business organization authorizing the cardholderto purchase, lease or otherwise obtain money, goods, property, servicesor communication services or to conduct other financial transactions.

      (2)   "Cardholder" means the person or entity to whom or for whosebenefit a financial card is issued.

      (c)   For the purposes of subsection (a)(2), a financial cardshall be deemed canceled or revoked when notice in writing thereof hasbeen received by the named holder thereof as shown on such financial cardor by the records of the company.

      (d) (1)   Criminal use of a financial card is a severitylevel 7, nonperson felony ifthe money,goods, property, services or communication services obtained within anyseven-day period are of the value of $25,000 or more.

      (2)   Criminal use of a financial card isa severity level 9, nonperson felony if the money,goods, property, services or communication services obtained within anyseven-day period are of the value of at least $1,000 butless than $25,000.

      (3)   Criminal useof a financial card is a class A nonperson misdemeanor if the money, goods,property, services or communication services obtained within a seven-dayperiod are of the value of less than $1,000.

      History:   L. 1969, ch. 180, § 21-3729; L. 1973, ch. 139, § 1;L. 1977, ch. 114, § 1; L. 1984, ch. 119, § 8;L. 1989, ch. 92, § 22;L. 1992, ch. 298, § 49;L. 1993, ch. 291, § 82;L. 1994, ch. 291, § 32;L. 2006, ch. 194, § 18; May 25.