§ 14-113.9. Financial transaction card theft. - North Carolina Statutes

§ 14‑113.9.  Financialtransaction card theft.

(a)        A person is guiltyof financial transaction card theft when the person does any of the following:

(1)        Takes, obtains orwithholds a financial transaction card from the person, possession, custody orcontrol of another without the cardholder's consent and with the intent to useit; or who, with knowledge that it has been so taken, obtained or withheld,receives the financial transaction card with intent to use it or to sell it, orto transfer it to a person other than the issuer or the cardholder.

(2)        Receives a financialtransaction card that he knows to have been lost, mislaid, or delivered under amistake as to the identity or address of the cardholder, and who retainspossession with intent to use it or to sell it or to transfer it to a personother than the issuer or the cardholder.

(3)        Not being theissuer, sells a financial transaction card or buys a financial transaction cardfrom a person other than the issuer.

(4)        Not being theissuer, during any 12‑month period, receives financial transaction cardsissued in the names of two or more persons which he has reason to know weretaken or retained under circumstances which constitute a violation of G.S. 14‑113.13(a)(3)and subdivision (3) of subsection (a) of this section.

(5)        With the intent todefraud any person, either (i) uses a scanning device to access, read, obtain,memorize, or store, temporarily or permanently, information encoded on anotherperson's financial transaction card, or (ii) receives the encoded informationfrom another person's financial transaction card.

(b)        Credit card theftis punishable as provided by G.S. 14‑113.17(b). (1967, c. 1244, s. 2; 1979,c. 741, s. 1; c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1;c. 179, s. 14; 2002‑175, s. 3.)