§ 13-2108 — Fraud by person authorized to provide goods or services; classification

A. A person commits fraud by a person authorized to provide goods or services if such person knowingly:

1. Furnishes money, goods, services or any other thing of value upon presentation of a credit card obtained or retained in violation of section 13-2102 or a credit card which such person knows is forged, expired, cancelled or revoked.

2. Fails to furnish money, goods, services or any other thing of value which such person represents in writing to the issuer or a participating party that such person has furnished, and who receives any payment therefor.

B. Except as provided in subsections C and D, fraud by a person authorized to provide goods or services in subsection A, paragraphs 1 and 2 is a class 1 misdemeanor.

C. If the payment received by the person for all money, goods, services or other things of value furnished in violation of subsection A, paragraph 1 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.

D. If the difference between the value of all monies, goods, services or any other thing of value actually furnished and the payment or payments received by the person therefor upon such representation in violation of subsection A, paragraph 2 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.