§ 18-5-702 — Unauthorized use of a financial transaction device

(1) A person
commits unauthorized use of a financial transaction device if he uses such device
for the purpose of obtaining cash, credit, property, or services or for making
financial payment, with intent to defraud, and with notice that either:

(a) The financial transaction device has expired, has been revoked, or has
been canceled; or

(b) For any reason his use of the financial transaction device is unauthorized
either by the issuer thereof or by the account holder.

(2) For purposes of paragraphs (a) and (b) of subsection (1) of this section,
notice includes either notice given in person or notice given in writing to the
account holder. The sending of a notice in writing by registered or certified mail,
return receipt requested, duly stamped and addressed to such account holder at his
last address known to the issuer, evidenced by a signed returned receipt signed by
the account holder, is prima facie evidence that the notice was received.

(3) Unauthorized use of a financial transaction device is:

(a) (Deleted by amendment, L. 2007, p. 1695, � 13, effective July 1, 2007.)

(b) Repealed.

(c) A petty offense if the value of the cash, credit, property, or services
obtained or of the financial payments made is less than three hundred dollars;

(d) A class 2 misdemeanor if the value of the cash, credit, property, or
services obtained or of the financial payments made is three hundred dollars or
more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the cash, credit, property, or
services obtained or of the financial payments made is one thousand dollars or
more but less than two thousand dollars;

(f) A class 6 felony if the value of the cash, credit, property, or services
obtained or of the financial payments made is two thousand dollars or more but less
than five thousand dollars;

(g) A class 5 felony if the value of the cash, credit, property, or services
obtained or of the financial payments made is five thousand dollars or more but less
than twenty thousand dollars;

(h) A class 4 felony if the value of the cash, credit, property, or services
obtained or of the financial payments made is twenty thousand dollars or more but
less than one hundred thousand dollars;

(i) A class 3 felony if the value of the cash, credit, property, or services
obtained or of the financial payments made is one hundred thousand dollars or
more but less than one million dollars; and

(j) A class 2 felony if the value of the cash, credit, property, or services
obtained or of the financial payments made is one million dollars or more.

(4) The value of the cash, credit, property, or services obtained and the
financial payments made shall be the total value of the cash, credit, property, or
services obtained or financial payments made by unauthorized use of a single
financial transaction device within a six-month period from the date of the first
unauthorized use.

Legislative History

Source: L. 84: Entire part added, p. 549, � 2, effective July 1; (3)(b) and (3)(c) amended, p. 539, � 16, effective July 1, 1985. L. 89: (3)(c) amended, p. 837, � 67, effective July 1. L. 92: (3) amended, p. 436, � 8, effective April 10. L. 98: (3)(b) and (3)(c) amended, p. 1439, � 17, effective July 1; (3)(b) and (3)(c) amended, p. 797, � 11, effective July 1. L. 2007: (3) amended, p. 1695, � 13, effective July 1. L. 2014: (3) amended, (HB 14-1266), ch. 155, p. 538, � 4, effective August 6. L. 2021: (3)(c), (3)(d), and (3)(e) amended, (SB 21-271), ch. 462, p. 3189, � 251, effective March 1, 2022; (3)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3189, 3331, �� 251, 803.