New Hampshire Revised Statutes 638:5 – Fraudulent Use of Credit Card
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I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a) The card is stolen; or
For details, see N.H. Rev. Stat. 651:2
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. “Credit card” means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of N.H. Rev. Stat. § 637:2, V.
(a) The card is stolen; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 15 years | up to $4,000 |
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 638:5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. “Credit card” means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of N.H. Rev. Stat. § 637:2, V.