2006 Ohio Revised Code - 2913.21. Misuse of credit cards.

§ 2913.21. Misuse of credit cards.
 

(A)  No person shall do any of the following: 

(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon; 

(2) Knowingly buy or sell a credit card from or to a person other than the issuer. 

(B)  No person, with purpose to defraud, shall do any of the following: 

(1) Obtain control over a credit card as security for a debt; 

(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained, or is being used in violation of law; 

(3) Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law; 

(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false. 

(C)  No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card. 

(D) (1)  Whoever violates this section is guilty of misuse of credit cards. 

(2) Except as otherwise provided in division (D)(4) of this section, a violation of division (A), (B)(1), or (C) of this section is a misdemeanor of the first degree. 

(3) Except as otherwise provided in this division or division (D)(4) of this section, a violation of division (B)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is five hundred dollars or more and is less than five thousand dollars, misuse of credit cards in violation of any of those divisions is a felony of the fifth degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is five thousand dollars or more and is less than one hundred thousand dollars, misuse of credit cards in violation of any of those divisions is a felony of the fourth degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one hundred thousand dollars or more, misuse of credit cards in violation of any of those divisions is a felony of the third degree. 

(4) If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (B)(1) or (2) of this section, division (D)(4) of this section applies. Except as otherwise provided in division (D)(4) of this section, a violation of division (B)(1) or (2) of this section is a felony of the fifth degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is five hundred dollars or more and is less than five thousand dollars, a violation of either of those divisions is a felony of the fourth degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is five thousand dollars or more and is less than twenty-five thousand dollars, a violation of either of those divisions is a felony of the third degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is twenty-five thousand dollars or more, a violation of either of those divisions is a felony of the second degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v S 289 (Eff 5-23-78); 139 v S 199 (Eff 1-5-83); 139 v H 269 (Eff 1-5-83); 140 v S 210 (Eff 7-1-83); 141 v H 49 (Eff 6-26-86); 146 v S 2 (Eff 7-1-96); 148 v H 2. Eff 11-10-99.
 

Analogous to former RC § 2907.20.1 (133 v S 346; 134 v S 302), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section is a simplified version of former section 2907.201 of the Revised Code, which covered various offenses involving the improper or alleged use of credit cards. A number of prohibitions in the former law are not included in this section because their subject matter is covered in other sections in the new code. These former prohibitions included, among others, theft and forgery of credit cards, now covered by new sections 2913.02 and 2913.31, respectively, of the Revised Code. 

Misuse of credit cards is a misdemeanor of the first degree. If the value of property or services involved in certain violations is $150 or more, or if the offender has previously been convicted of a theft offense, misuse of credit cards is a felony of the fourth degree.