2022 Connecticut General Statutes
Title 53a - Penal Code
Chapter 952 - Penal Code: Offenses
Section 53a-128d. - Illegal use of payment card. Presumption of knowledge of revocation.

Any person who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, (1) uses for the purpose of obtaining money, goods, services or anything else of value a payment card obtained or retained in violation of section 53a-128b or a payment card which such person knows is forged, expired or revoked, or (2) obtains money, goods, services or anything else of value by representing without the consent of the cardholder that such person is the holder of a specified card or by representing that such person is the holder of a card and such card has not in fact been issued, or (3) uses a payment card obtained or retained in violation of section 53a-128c or a payment card which such person knows is forged, expired or revoked, as authority or identification to cash or to attempt to cash or otherwise to negotiate or transfer or to attempt to negotiate or transfer any check or other order for the payment of money, whether or not negotiable, if such negotiation or transfer or attempt to negotiate or transfer would constitute a violation of section 53a-128 violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i, if the value of all money, goods, services and other things of value obtained in violation of this subsection does not exceed five hundred dollars in any six-month period; and is subject to the penalties set forth in subsection (b) of section 53a-128i, if such value does exceed five hundred dollars in any such six-month period. Knowledge of revocation shall be presumed to have been received by a cardholder four days after it has been mailed to such cardholder, at the address set forth on the payment card or at such cardholder's last-known address. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone or Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.

(1971, P.A. 871, S. 32; P.A. 17-26, S. 4.)

History: P.A. 17-26 replaced “credit card” with “payment card”, deleted provision re method of mailing, and made technical changes.

Cited. 204 C. 441. Convictions under Subdiv. (2) of this section, Sec. 53a-129d and Sec. 53a-125b do not violate the constitutional prohibition against double jeopardy. 326 C. 310.

Review of legislative history of credit card crimes reveals no purpose or intent that enactment of the more specific crime of illegal credit card use precludes state from charging defendant with the more general crime of larceny. 75 CA 756. Conviction under this section and Secs. 53a-129b and 53a-129d for single course of conduct does not constitute double jeopardy. 119 CA 483.

Cited. 37 CS 527.

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