Text: SF02051 Text: SF02053 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 715A.6, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3. The value of property or services
1 4 secured or sought to be secured is its highest value by any
1 5 reasonable standard at the time the offense is committed. Any
1 6 reasonable standard includes but is not limited to market
1 7 value within the community, actual value, or replacement
1 8 value.
1 9 If property or services secured or sought to be secured by
1 10 two or more acts from the same person or location, or from
1 11 different persons by two or more acts which occur in
1 12 approximately the same location or time period so that the
1 13 offenses are attributable to a single scheme, plan, or
1 14 conspiracy, the acts may be considered as a single offense and
1 15 the value may be the total value of all property and services
1 16 secured or sought to be secured.
1 17 EXPLANATION
1 18 This bill relates to the criminal offense of fraudulent use
1 19 of a credit card. A person commits fraudulent use of a credit
1 20 card if a person uses a credit card for the purpose of
1 21 obtaining property or services if the person has not been
1 22 authorized to use the credit card or the card has been
1 23 canceled, revoked, stolen, or forged.
1 24 The bill provides that two or more fraudulent acts by use
1 25 of a credit card which are committed by one or more persons
1 26 and occur in approximately the same location or same time
1 27 period may be considered a single offense for purposes of
1 28 calculating the value of the property or services. If the
1 29 value of the fraudulent act by use of a credit card is less
1 30 than or equal to $1,000, the person commits an aggravated
1 31 misdemeanor, and if the value is greater than $1,000, the
1 32 person commits a class "D" felony.
1 33 An aggravated misdemeanor is punishable by confinement for
1 34 no more than two years and a fine of at least $500 but not
1 35 more than $5,000. A class "D" felony is punishable by
2 1 confinement for no more than five years and a fine of at least
2 2 $750 but not more than $7,500.
2 3 LSB 5207XS 78
2 4 jm/cf/24
Text: SF02051 Text: SF02053 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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