Scott v. CommonwealthAnnotate this Case
After a bench trial, Defendant was convicted of statutory burglary, possession of a firearm by a felon, assault and battery of a family member, pointing or brandishing a firearm, and credit card theft in violation of Va. Code Ann. 18.2-192(1)(a). At issue on appeal was whether section 18.2-192(1)(a) requires proof of the specific intent to use, sell or transfer a credit card that has been taken from a cardholder without consent. The Supreme Court affirmed, holding that credit card theft under the first prong of section 18.2-192(1)(a) is a general intent crime completed upon an unlawful taking and does not require that the Commonwealth allege or prove the specific intent required to support a conviction under the second prong of the statute.