RSA 638:5 · Fraudulent Use of Credit Card

638:5 Fraudulent Use of Credit Card. –

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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:

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(a)

The card is stolen; or

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(b)

The card has been revoked or cancelled; or

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(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.

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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.

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III.

(a) Fraudulent use of a credit card is:

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(1)

A class A felony if:

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(A)

Property or services are obtained which exceed the value of $1,500; or

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(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;

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(2)

A class B felony if:

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(A)

Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or

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(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

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(3)

A misdemeanor in all other cases.

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(b)

The value shall be determined according to the provisions of RSA 637:2, V. Source. 1971, 518:1. 1979, 265:2. 2010, 239:5, eff. July 1, 2010.

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