4106 - Access device fraud.

     § 4106.  Access device fraud.        (a)  Offense defined.--A person commits an offense if he:            (1)  uses an access device to obtain or in an attempt to        obtain property or services with knowledge that:                (i)  the access device is counterfeit, altered or            incomplete;                (ii)  the access device was issued to another person            who has not authorized its use;                (iii)  the access device has been revoked or            canceled; or                (iv)  for any other reason his use of the access            device is unauthorized by the issuer or the device            holder; or            (2)  publishes, makes, sells, gives, or otherwise        transfers to another, or offers or advertises, or aids and        abets any other person to use an access device knowing that        the access device is counterfeit, altered or incomplete,        belongs to another person who has not authorized its use, has        been revoked or canceled or for any reason is unauthorized by        the issuer or the device holder; or            (3)  possesses an access device knowing that it is        counterfeit, altered, incomplete or belongs to another person        who has not authorized its possession.        (a.1)  Presumptions.--For the purpose of this section as well     as in any prosecution for theft committed by the means specified     in this section:            (1)  An actor is presumed to know an access device is        counterfeit, altered or incomplete if he has in his        possession or under his control two or more counterfeit,        altered or incomplete access devices.            (2)  Knowledge of revocation or cancellation shall be        presumed to have been received by an access device holder        seven days after it has been mailed to him at the address set        forth on the access device application or at a new address if        a change of address has been provided to the issuer.        (b)  Defenses.--It is a defense to a prosecution under     subsection (a)(1)(iv) if the actor proves by a preponderance of     the evidence that he had the intent and ability to meet all     obligations to the issuer arising out of his use of the access     device.        (c)  Grading.--            (1)  An offense under subsection (a)(1) falls within the        following classifications depending on the value of the        property or service obtained or sought to be obtained by        means of the access device:                (i)  if the value involved was $500 or more, the            offense constitutes a felony of the third degree; or                (ii)  if the value involved was $50 or more but less            than $500, the offense constitutes a misdemeanor of the            first degree; or                (iii) if the value involved was less than $50, the            offense constitutes a misdemeanor of the second degree.            (2)  Amounts involved in unlawful use of an access device        pursuant to a scheme or course of conduct, whether from the        same issuer or several issuers, may be aggregated in        determining the classification of the offense.            (3)  An offense under subsection (a)(2) constitutes a        felony of the third degree.            (4)  An offense under subsection (a)(3) constitutes a        misdemeanor of the third degree.            (5)  Each access device involved in the offense specified        in subsection (a)(2) or (3) shall constitute a separate        offense.        (d)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Access device."  Any card, including, but not limited to, a     credit card, debit card and automated teller machine card,     plate, code, account number, personal identification number or     other means of account access that can be used alone or in     conjunction with another access device to obtain money, goods,     services or anything else of value or that can be used to     transfer funds.        "Altered access device."  A validly issued access device     which after issue is changed in any way.        "Counterfeit access device."  An access device not issued by     an issuer in the ordinary course of business.        "Device holder."  The person or organization named on the     access device to whom or for whose benefit the access device is     issued by an issuer.        "Incomplete access device."  An access device which does not     contain all of the printed, embossed, encoded, stamped or other     matter which an issuer requires to appear on a validly issued     access device.        "Issuer."  The business organization or financial institution     which issues an access device or its duly authorized agent.        "Publishes."  The communication of information to any one or     more persons, either in person, by telephone, radio, other     telecommunication or electronic device, television or in a     writing of any kind, including without limitation a letter or     memorandum, circular or handbill, newspaper or magazine article,     or book.        (e)  Venue.--Any offense committed under subsection (a)(1)     may be deemed to have been committed at either the place where     the attempt to obtain property or services is made, or at the     place where the property or services were received or provided,     or at the place where the lawful charges for said property or     services are billed.     (July 20, 1974, P.L.539, No.185; Dec. 21, 1998, P.L.1103,     No.149, eff. 60 days)        Cross References.  Section 4106 is referred to in section     1107.1 of this title; section 1406 of Title 66 (Public     Utilities).