Section 570.135

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 570

Effective - 01 Jan 2017, 3 histories, see footnote   

  570.135.  Fraudulent procurement of a credit or debit card — penalty — limitation of liability. — 1.  A person commits the offense of fraudulent procurement of a credit or debit device if he or she:

  (1)  Knowingly makes or causes to be made, directly or indirectly, a false statement regarding another person for the purpose of fraudulently procuring the issuance of a credit or debit device;

  (2)  Knowingly obtains a means of identification of another person without the authorization of that person and uses that means of identification fraudulently to obtain, or attempt to obtain, credit, goods or services in the name of the other person without the consent of that person; or

  (3)  Knowingly possesses a fraudulently obtained credit or debit device.

  2.  The offense of fraudulent procurement of a credit or debit device is a class A misdemeanor.

  3.  Notwithstanding any other provision of this section, no corporation, proprietorship, partnership, limited liability company, limited liability partnership or other business entity shall be criminally liable under this section for accepting applications for credit or debit devices or for the use of a credit or debit device in any transaction, absent clear and convincing evidence that such business entity conspired with or was a part of the fraudulent procuring of the issuance of a credit or debit device.  

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(L. 1999 S.B. 386 § 2, A.L. 2014 S.B. 491, A.L. 2016 S.B. 624)

Effective 1-01-2017