2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4106 - Access device fraud.

     § 4106.  Access device fraud.
        (a)  Offense defined.--A person commits an offense if he:
            (1)  uses an access device to obtain or in an attempt to
        obtain property or services with knowledge that:
                (i)  the access device is counterfeit, altered or
            incomplete;
                (ii)  the access device was issued to another person
            who has not authorized its use;
                (iii)  the access device has been revoked or
            canceled; or
                (iv)  for any other reason his use of the access
            device is unauthorized by the issuer or the device
            holder; or
            (2)  publishes, makes, sells, gives, or otherwise
        transfers to another, or offers or advertises, or aids and
        abets any other person to use an access device knowing that
        the access device is counterfeit, altered or incomplete,
        belongs to another person who has not authorized its use, has
        been revoked or canceled or for any reason is unauthorized by
        the issuer or the device holder; or
            (3)  possesses an access device knowing that it is
        counterfeit, altered, incomplete or belongs to another person
        who has not authorized its possession.
        (a.1)  Presumptions.--For the purpose of this section as well
     as in any prosecution for theft committed by the means specified
     in this section:
            (1)  An actor is presumed to know an access device is
        counterfeit, altered or incomplete if he has in his
        possession or under his control two or more counterfeit,
        altered or incomplete access devices.
            (2)  Knowledge of revocation or cancellation shall be
        presumed to have been received by an access device holder
        seven days after it has been mailed to him at the address set
        forth on the access device application or at a new address if
        a change of address has been provided to the issuer.
        (b)  Defenses.--It is a defense to a prosecution under
     subsection (a)(1)(iv) if the actor proves by a preponderance of
     the evidence that he had the intent and ability to meet all
     obligations to the issuer arising out of his use of the access
     device.
        (c)  Grading.--
            (1)  An offense under subsection (a)(1) falls within the
        following classifications depending on the value of the
        property or service obtained or sought to be obtained by
        means of the access device:
                (i)  if the value involved was $500 or more, the
            offense constitutes a felony of the third degree; or
                (ii)  if the value involved was $50 or more but less
            than $500, the offense constitutes a misdemeanor of the
            first degree; or
                (iii) if the value involved was less than $50, the
            offense constitutes a misdemeanor of the second degree.
            (2)  Amounts involved in unlawful use of an access device
        pursuant to a scheme or course of conduct, whether from the
        same issuer or several issuers, may be aggregated in
        determining the classification of the offense.
            (3)  An offense under subsection (a)(2) constitutes a
        felony of the third degree.
            (4)  An offense under subsection (a)(3) constitutes a
        misdemeanor of the third degree.
            (5)  Each access device involved in the offense specified
        in subsection (a)(2) or (3) shall constitute a separate
        offense.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Access device."  Any card, including, but not limited to, a
     credit card, debit card and automated teller machine card,
     plate, code, account number, personal identification 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 anything else of value or that can be used to
     transfer funds.
        "Altered access device."  A validly issued access device
     which after issue is changed in any way.
        "Counterfeit access device."  An access device not issued by
     an issuer in the ordinary course of business.
        "Device holder."  The person or organization named on the
     access device to whom or for whose benefit the access device is
     issued by an issuer.
        "Incomplete access device."  An access device which does not
     contain all of the printed, embossed, encoded, stamped or other
     matter which an issuer requires to appear on a validly issued
     access device.
        "Issuer."  The business organization or financial institution
     which issues an access device or its duly authorized agent.
        "Publishes."  The communication of information to any one or
     more persons, either in person, by telephone, radio, other
     telecommunication or electronic device, television or in a
     writing of any kind, including without limitation a letter or
     memorandum, circular or handbill, newspaper or magazine article,
     or book.
        (e)  Venue.--Any offense committed under subsection (a)(1)
     may be deemed to have been committed at either the place where
     the attempt to obtain property or services is made, or at the
     place where the property or services were received or provided,
     or at the place where the lawful charges for said property or
     services are billed.
     (July 20, 1974, P.L.539, No.185; Dec. 21, 1998, P.L.1103,
     No.149, eff. 60 days)

        Cross References.  Section 4106 is referred to in section
     1107.1 of this title; section 1406 of Title 66 (Public
     Utilities).