§ 638:5 — Fraudulent Use of Credit Card

I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a) The card is stolen; or
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. "Credit card" means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.

Legislative History

1971, 518:1. 1979, 265:2. 2010, 239:5, eff. July 1, 2010.