21-5828. 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 to obtain money, goods, property or services:
(1) Using a financial card without the consent of the cardholder;
(2) using a financial card, or the number or description thereof, which has been revoked or canceled; or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) Criminal use of a financial card is a:
(1) Severity level 7, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of $25,000 or more;
(2) Severity level 9, nonperson felony if the money, goods, property or services obtained within any seven-day period are of the value of at least $1,000 but less than $25,000; and
(3) class A nonperson misdemeanor if the money, goods, property or services obtained within a seven-day period are of the value of less than $1,000.
(c) As used in 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 or services or to conduct other financial transactions; and
(2) "cardholder" means the person or entity to whom or for whose benefit a financial card is issued.
(d) 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.
History: L. 2010, ch. 136, ยง 114; July 1, 2011.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 58 - Crimes Involving Property
21-5802 Theft of property lost, mislaid or delivered by mistake.
21-5803 Criminal deprivation of property.
21-5805 Unlawful acts involving theft detection shielding devices.
21-5806 Unlawful use of recordings.
21-5807 Burglary; aggravated burglary.
21-5809 Trespassing on railroad property.
21-5811 Commercial fossil hunting.
21-5812 Arson; aggravated arson.
21-5813 Criminal damage to property; aggravated criminal damage to property.
21-5814 Criminal use of an explosive.
21-5816 Tampering with a landmark.
21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.
21-5820 Unlawful posting of political pictures and political advertisements.
21-5821 Giving a worthless check.
21-5822 Causing an unlawful prosecution for giving a worthless check.
21-5824 Making false information.
21-5826 Destroying a written instrument.
21-5827 Altering a legislative document.
21-5828 Criminal use of a financial card.
21-5829 Unlawful manufacture or disposal of false tokens.
21-5830 Impairing a security interest.
21-5831 Warehouse receipt fraud.
21-5832 Unauthorized delivery of stored goods.
21-5833 Automobile master key violation.
21-5834 Sale of recut or regrooved tires.
21-5835 Unlawful acts concerning odometers.
21-5836 Unlawful acts concerning certificates of title.
21-5837 Adding dockage or foreign material to grain.
21-5838 Conducting a pyramid promotional scheme.