West Virginia § 61-3C-13 Fraud and related activity in connection with access devices

West Virginia Statutes

§ 61-3C-13 — Fraud and related activity in connection with access devices

West Virginia § 61-3C-13

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 3CWEST VIRGINIA COMPUTER CRIME AND ABUSE ACT

This text of West Virginia § 61-3C-13 (Fraud and related activity in connection with access devices) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-3C-13 (2026).

Text

(a)As used in this section, the following terms shall have the following meanings:

(1)“Access device” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

(2)“Counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

(3)“Unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained without authority;

(4)“Produce” includes design, alter,

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(a) As used in this section, the following terms shall have the following meanings:

(1) “Access device” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

(2) “Counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

(3) “Unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained without authority;

(4) “Produce” includes design, alter, authenticate, duplicate, or assemble;

(5) “Traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of.

(b) Any person who knowingly and willfully possesses any counterfeit or unauthorized access device shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county jail for not more than six months, or both.

(c) Any person who knowingly, willfully and with intent to defraud possesses a counterfeit or unauthorized access device or who knowingly, willfully and with intent to defraud, uses, produces or traffics in any counterfeit or unauthorized access device shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in the penitentiary not more than ten years, or both.

(d) This section shall not prohibit any lawfully authorized investigative or protective activity of any state, county or municipal law-enforcement agency.