A person is guilty of financial transaction card theft when he:
(1) takes, obtains, or withholds a financial transaction card or number from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card or number with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(2) receives a financial transaction card or number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(3) is not the issuer, and sells a financial transaction card or number or buys a financial transaction card or number from a person other than the issuer;
(4) is not the issuer, and during any twelve-month period, receives financial transaction cards or numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(A)(3).
A person who commits financial transaction card or number theft is guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(B).
HISTORY: 1980 Act No. 427, Section 1; 1995 Act No. 7, Part I Section 9; 2001 Act No. 81, Section 5.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 14 - Financial Transaction Card Crime Act
Section 16-14-10. Definitions.
Section 16-14-20. Financial transaction card or number theft.
Section 16-14-40. Financial transaction card forgery.
Section 16-14-60. Financial transaction card fraud.
Section 16-14-70. Criminal possession of financial transaction card forgery devices.
Section 16-14-80. Criminally receiving goods and services fraudulently obtained.
Section 16-14-100. Penalties for violation of Financial Transaction Card Crime Act.