§ 11-49-3. Theft — Obtaining credit card through fraudulent means.
(a) Theft by taking or retaining possession of card taken. A person who takes a credit card from the person, possession, custody, or control
of another without the cardholder's consent, or who, with knowledge that it has been
so taken, receives the credit card with intent to use it, to sell it, or to transfer
it to a person other than the issuer or the cardholder, is guilty of credit card theft
and is subject to the penalties set forth in § 11-49-10(a). Taking a credit card without consent includes obtaining it by conduct defined or
known as statutory larceny, common law larceny by trespassory taking, common law larceny
by trick or embezzlement, or obtaining property by false pretense, false promise,
or extortion.
(b) Theft of credit card lost, mislaid or delivered by mistake. A person who receives a credit card that he or she knows to have been lost, mislaid,
or delivered under a mistake as to the identity or address of the cardholder and who
retains possession with intent to use it, to sell it, or to transfer it to a person
other than the issuer or the cardholder, is guilty of credit card theft and is subject
to the penalties set forth in § 11-49-10(a).
(c) Purchase or sale of credit card of another. A person other than the issuer who sells a credit card, or a person who buys a credit
card from a person other than the issuer, violates this subsection and is subject
to the penalties set forth in § 11-49-10(a).
(d) Obtaining control of credit card as security for debt. A person who, with intent to defraud the issuer, a person or organization providing
money, goods, services, or anything else of value, or any other person, obtains control
over a credit card as security for debt violates this subsection and is subject to
the penalties set forth in § 11-49-10(a).
(e) Dealing in credit cards of another. A person other than the issuer who during any twelve (12) month period receives two
(2) or more credit cards issued in the name or names of different cardholders, which
he or she has reason to know were taken or retained under circumstances which constitute
credit card theft or a violation of this law, violates this subsection and is subject
to the penalties set forth in § 11-49-10(b).
(f) Forgery of credit card. A person who, with intent to defraud a purported issuer or a person or organization
providing money, goods, services, or anything else of value or any other person, falsely
makes or embosses a purported credit card or utters a credit card is guilty of credit
card forgery and is subject to the penalties set forth in § 11-49-10(b). A person other than the purported issuer who possesses two (2) or more credit cards
which are falsely made or falsely embossed is presumed to have violated this subsection.
A person falsely makes a credit card when he or she makes or draws in whole or in
part a device or instrument which purports to be the credit card of a named issuer
but which is not a credit card of the named issuer because the issuer did not authorize
the making or drawing, or alters a credit card which was validly issued. A person
falsely embosses a credit card when, without the authorization of the named issuer,
he or she completes a credit card by adding any of the matter, other than the signature
of the cardholder, which an issuer requires to appear on the credit card before it
can be used by a cardholder.
(g) Signing credit card of another. A person other than the cardholder or a person authorized by the cardholder who, with
intent to defraud the issuer or a person or organization providing money, goods, services,
or anything else of value or any other person, signs a credit card violates this subsection
and is subject to the penalties set forth in § 11-49-10(a).