Part 7. Financial Transaction Device Crime Act

As used in this part 7, unless the context otherwise requires:
(1) “Account holder” means the person or business entity named on the face of a financial transaction device to whom or for whose benefit the financial transaction device is issued by an issuer.
(2) “Automated banking device” means any machine which, when properly activated by a financial transaction device or a personal identification code, may be used for any of the purposes for which a financial transaction device may be used.
(3) “Financial transaction device” means any instrument or device whether known as a credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card, or account number representing a financial account or affecting the financial interest, standing, or obligation of or to the account holder, that can be used to obtain cash, goods, property, or services or to make financial payments, but shall not include a “check”, a “negotiable order of withdrawal”, and a “share draft” as defined in section 18-5-205.
(4) “Issuer” means any person or banking, financial, or business institution, corporation, or other business entity that assigns financial rights by acquiring, distributing, controlling, or cancelling a financial transaction device.
(5) “Personal identification code” means any grouping of letters, numbers, or symbols assigned to the account holder of a financial transaction device by the issuer to permit authorized electronic use of that financial transaction device.
(6) “Sales form” means any written record of a financial transaction involving 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(a) The financial transaction device has expired, has been revoked, or has been cancelled; or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) A class 1 petty offense if the value of the cash, credit, property, or services obtained or of the financial payments made is less than fifty dollars;
(c) A class 3 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is fifty dollars or more but 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 seven hundred fifty dollars;
(e) A class 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is seven hundred fifty 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.

Source: L. 84: Entire part added, p. 550, § 2, effective July 1. L. 86: (3) amended, p. 770, § 7, effective July 1. L. 89: (3) and (4) amended, p. 837, § 68, effective July 1. L. 2006: Entire section repealed, p. 1318, § 6, effective July 1.

Source: L. 84: Entire part added, p. 550, § 2, effective July 1. L. 89: (1) amended, p. 837, § 69, effective July 1. L. 2006: Entire section repealed, p. 1319, § 7, effective July 1.

(1) A person commits criminal possession or sale of a blank financial transaction device if, without the authorization of the issuer or manufacturer, he has in his possession or under his control or receives from another person, with intent to use, deliver, circulate, or sell it or with intent to cause the use, delivery, circulation, or sale of it, or sells any financial transaction device which has not been embossed or magnetically encoded with the name of the account holder, personal identification code, expiration date, or other proprietary institutional information.
(2) Criminal possession of a blank financial transaction device is a class 6 felony.
(3) Criminal possession of two or more blank financial transaction devices is a class 5 felony.
(4) Delivery, circulation, or sale of one blank financial transaction device is a class 5 felony.
(5) Delivery, circulation, or sale of two or more blank financial transaction devices is a class 3 felony.
(6) For purposes of this section, a blank financial transaction device is one that has at least one or more characteristics of a financial transaction device but does not contain all of the characteristics of a completed financial transaction device.

(1) A person commits possession of forgery devices if he possesses any tools, photographic equipment, printing equipment, or any other device adapted, designed, or commonly used for committing or facilitating the commission of an offense involving the unauthorized manufacture, printing, embossing, or magnetic encoding of a financial transaction device or the altering or addition of any uniform product codes, optical characters, or holographic images to a financial transaction device, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of a forgery device is a class 6 felony.

(1) A person commits unlawful manufacture of a financial transaction device if, with intent to defraud, he:
(a) Falsely makes or manufactures, by printing, embossing, or magnetically encoding, a financial transaction device; or
(b) Falsely alters or adds uniform product codes, optical characters, or holographic images to a device which is or purports to be, or which is calculated to become or to represent if completed, a financial transaction device; or
(c) Falsely completes a financial transaction device by adding to an incomplete device to make it a complete one.
(2) As used in this section, unless the context otherwise requires:
(a) To “falsely alter” a financial transaction device means to change such device without the authority of anyone entitled to grant such authority, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means, so that such device in its thus altered form falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible issuer.
(b) To “falsely complete” a financial transaction device means to transform an incomplete device into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant that authority, so that the complete device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible issuer.
(c) To “falsely make” a financial transaction device means to make or manufacture a device, whether complete or incomplete, which purports to be an authentic creation of its ostensible issuer, but which is not, either because the ostensible issuer is fictitious or because, if real, he did not authorize the making or the manufacturing thereof.
(3) Unlawful manufacture of a financial transaction device is a class 5 felony.