(a) (1) A person commits the offense of criminal simulation who, with intent to defraud or harm another:
Terms Used In Tennessee Code 39-14-115. Criminal simulation
- Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
- felony: A crime carrying a penalty of more than a year in prison.
- Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See
- Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit or debit card. See
- Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See
- Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See
- Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (35) or a specific statute exists covering the same or similar conduct. See
(A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have;
(B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or
(C) Authenticates or certifies an object so made or altered as genuine or as different from what it is.
(2) A person commits the offense of criminal simulation who, with knowledge of its character, possesses:
(A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or
(B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.
(b) Criminal simulation is punishable as theft pursuant to § Code Sec. 39-14-105″>39-14-105, but in no event shall criminal simulation be less than a Class E felony.
[Acts 1989, ch. 591, § 1; 2009, ch. 408, § 1.]