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;

Terms Used In South Carolina Code 16-14-20

  • Cardholder: means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer. See South Carolina Code 16-14-10
  • Conviction: A judgement of guilt against a criminal defendant.
  • issuer: means the business organization or financial institution or its duly authorized agent which issues a financial transaction card. See South Carolina Code 16-14-10

(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 § 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 § 16-14-100(B).

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