§ 14-113.13. Financial transaction card fraud. - North Carolina Statutes

§14‑113.13.  Financial transaction card fraud.

(a)        A person is guiltyof financial transaction card fraud when, with intent to defraud the issuer, aperson or organization providing money, goods, services or anything else ofvalue, or any other person, he

(1)        Uses for the purposeof obtaining money, goods, services or anything else of value a financialtransaction card obtained or retained, or which was received with knowledgethat it was obtained or retained, in violation of G.S. 14‑113.9 or 14‑113.11or a financial transaction card which he knows is forged, altered, expired,revoked or was obtained as a result of a fraudulent application in violation ofG.S. 14‑113.13(c); or

(2)        Obtains money,goods, services, or anything else of value by:

a.         Representing withoutthe consent of the cardholder that he is the holder of a specified card; or

b.         Presenting thefinancial transaction card without the authorization or permission of thecardholder; or

c.         Representing that heis the holder of a card and such card has not in fact been issued; or

d.         Using a financialtransaction card to knowingly and willfully exceed:

1.         The actual balanceof a demand deposit account or time deposit account; or

2.         An authorized creditline in an amount which exceeds such authorized credit line in the amount offive hundred dollars ($500.00), or fifty percent (50%) of such authorizedcredit line, whichever is greater; or

(3)        Obtains control overa financial transaction card as security for debt; or

(4)        Deposits into hisaccount or any account, by means of an automated banking device, a false,fictitious, forged, altered or counterfeit check, draft, money order, or anyother such document not his lawful or legal property; or

(5)        Receives money,goods, services or anything else of value as a result of a false, fictitious,forged, altered, or counterfeit check, draft, money order or any other suchdocument having been deposited into an account via an automated banking device,knowing at the time of receipt of the money, goods, services, or item of valuethat the document so deposited was false, fictitious, forged, altered orcounterfeit or that the above deposited item was not his lawful or legalproperty.

(b)        A person who isauthorized by an issuer to furnish money, goods, services or anything else ofvalue upon presentation of a financial transaction card by the cardholder, orany agent or employee of such person is guilty of a financial transaction cardfraud when, with intent to defraud the issuer or the cardholder, he

(1)        Furnishes money, goods,services or anything else of value upon presentation of a financial transactioncard obtained or retained in violation of G.S. 14‑113.9, or a financialtransaction card which he knows is forged, expired or revoked; or

(2)        Fails to furnishmoney, goods, services or anything else of value which he represents in writingto the issuer that he has furnished.

Conviction of financialtransaction card fraud as provided in subsection (a) or (b) of this section ispunishable as provided in G.S. 14‑113.17(a) if the value of all money,goods, services and other things of value furnished in violation of thissection, or if the difference between the value actually furnished and thevalue represented to the issuer to have been furnished in violation of thissection, does not exceed five hundred dollars ($500.00) in any six‑monthperiod. Conviction of financial transaction card fraud as provided insubsection (a) or (b) of this section is punishable as provided in G.S. 14‑113.17(b)if such value exceeds five hundred dollars ($500.00) in any six‑monthperiod.

(c)        A person is guiltyof financial transaction card fraud when, upon application for a financialtransaction card to an issuer, he knowingly makes or causes to be made a falsestatement or report relative to his name, occupation, financial condition,assets, or liabilities; or willfully and substantially overvalues any assets,or willfully omits or substantially undervalues any indebtedness for thepurpose of influencing the issuer to issue a financial transaction card.

Conviction of financialtransaction card fraud as provided in this  subsection is punishable asprovided in G.S. 14‑113.17(a).

(c1)      A person authorizedby an acquirer to furnish money, goods, services or anything else of value uponpresentation of a financial transaction card or a financial transaction cardaccount number by a cardholder, or any agent or employee of such person, who,with intent to defraud the issuer, acquirer, or cardholder, remits to an issueror acquirer, for payment, a financial transaction card record of a sale, whichsale was not made by such person, his agent or employee, is guilty of financialtransaction card fraud.

Conviction of financialtransaction card fraud as provided in this subsection is punishable as providedin G.S. 14‑113.17(a).

(d)        A cardholder isguilty of financial transaction card fraud when he willfully, knowingly, andwith an intent to defraud the issuer, a person or organization providing money,goods, services, or anything else of value, or any other person, submits,verbally or in writing, to the issuer or any other person, any false notice orreport of the theft, loss, disappearance, or nonreceipt of his financialtransaction card.

Conviction of financialtransaction card fraud as provided in this  subsection is punishable asprovided in G.S. 14‑113.17(a).

(e)        In any prosecutionfor violation of G.S. 14‑113.13, the State is not required to establishand it is no defense that some of the acts constituting the crime did not occurin this State or within one city, county, or local jurisdiction.

(f)         For purposes ofthis section, revocation shall be construed to include either notice given inperson or notice given in writing to the person to whom the financialtransaction card and/or personal identification code was issued. Notice ofrevocation shall be immediate when notice is given in person. The sending of anotice in writing by registered or certified mail in the United States mail,duly stamped and addressed to such person at his last address known to the issuer,shall be prima facie evidence that such notice was duly received after sevendays from the date of the deposit in the mail. If the address is locatedoutside the United States, Puerto Rico, the Virgin Islands, the Canal Zone andCanada, notice shall be presumed to have been received 10 days after mailing byregistered or certified mail. (1967, c. 1244, s. 2; 1979,c. 741, s. 1; 1989, c. 161, s. 2.)