2006 Kansas Code - 21-3729

      21-3729.   Criminal use of a financial card. (a) Criminal use of a financial card is any of the following acts done with intent to defraud and for the purpose of obtaining money, goods, property, services or communication services:

      (1)   Using a financial card without the consent of the cardholder; or

      (2)   knowingly using a financial card, or the number or description thereof, which has been revoked or canceled; or

      (3)   using a falsified, mutilated, altered or nonexistent financial card or a number or description thereof.

      (b)   For the purposes of this section:

      (1)   "Financial card" means an identification card, plate, instrument, device or number issued by a business organization authorizing the cardholder to purchase, lease or otherwise obtain money, goods, property, services or communication services or to conduct other financial transactions.

      (2)   "Cardholder" means the person or entity to whom or for whose benefit a financial card is issued.

      (c)   For the purposes of subsection (a)(2), a financial card shall be deemed canceled or revoked when notice in writing thereof has been received by the named holder thereof as shown on such financial card or by the records of the company.

      (d) (1)   Criminal use of a financial card is a severity level 7, nonperson felony if the money, goods, property, services or communication services obtained within any seven-day period are of the value of $25,000 or more.

      (2)   Criminal use of a financial card is a severity level 9, nonperson felony if the money, goods, property, services or communication services obtained within any seven-day period are of the value of at least $500 but less than $25,000.

      (3)   Criminal use of a financial card is a class A nonperson misdemeanor if the money, goods, property, services or communication services obtained within a seven-day period are of the value of less than $500.

      History:   L. 1969, ch. 180, § 21-3729; L. 1973, ch. 139, § 1; L. 1977, ch. 114, § 1; L. 1984, ch. 119, § 8; L. 1989, ch. 92, § 22; L. 1992, ch. 298, § 49; L. 1993, ch. 291, § 82; L. 1994, ch. 291, § 32; July 1.