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609.821.2(5)
Statute ID:
15969
Statute Function ID:
33890
Finance Card Fraud-Intent Defraud Issuer/Cardholder
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Gross Misdemeanor (GM)
General Offense Code:
Property (2)
Offense Summary Code & Rank:
Counterfeiting/Fraud, etc (C) (Rank 23)
Detailed Offense Code:
Financial Transaction Card Fraud (261)
Offense Severity Level:
Function Text:
UCR Code
Description
26B
Fraud Offenses-Credit Card/Automatic Teller Machine Fraud
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.821.2(5)
Enactment Date:
May 22, 2015
Effective Date:
Aug 1, 2015
Expiration Date:
Repealed?:
No
Summary Text:
Finance Card Fraud-Intent Defraud Issuer/Cardholder
Statute ID:
15969
Created:
Jul 31, 2015 by mnjis.legal.analyst@state.mn.us
Updated:
Aug 25, 2015 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
Correction to statute text where some Revisor xml tags copied and pasted in error
Summary Text:
Finance Card Fraud-Intent Defraud Issuer/Cardholder
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/821.html
Legislative Session:
2015 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 31, 2015
A person who does any of the following commits financial transaction card fraud: (1) without the consent of the cardholder, and knowing that the cardholder has not given consent, uses or attempts to use a card to obtain the property of another, or a public assistance benefit issued for the use of another; (2) uses or attempts to use a card knowing it to be forged, false, fictitious, or obtained in violation of clause (6); (3) sells or transfers a card knowing that the cardholder and issuer have not authorized the person to whom the card is sold or transferred to use the card, or that the card is forged, false, fictitious, or was obtained in violation of clause (6); (4) without a legitimate business purpose, and without the consent of the cardholders, receives or possesses, with intent to use, or with intent to sell or transfer in violation of clause (3), two or more cards issued in the name of another, or two or more cards knowing the cards to be forged, false, fictitious, or obtained in violation of clause (6); (5) being authorized by an issuer to furnish money, goods, services, or anything else of value, knowingly and with an intent to defraud the issuer or the cardholder: (i) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card knowing it to be forged, expired, or revoked, or knowing that it is presented by a person without authority to use the card; or (ii) represents in writing to the issuer that the person has furnished money, goods, services, or anything else of value which has not in fact been furnished; (6) upon applying for a financial transaction card to an issuer, or for a public assistance benefit which is distributed by means of a financial transaction card: (i) knowingly gives a false name or occupation; (ii) knowingly and substantially overvalues assets or substantially undervalues indebtedness for the purpose of inducing the issuer to issue a financial transaction card; or (iii) knowingly makes a false statement or representation for the purpose of inducing an issuer to issue a financial transaction card used to obtain a public assistance benefit; (7) with intent to defraud, falsely notifies the issuer or any other person of a theft, loss, disappearance, or nonreceipt of a financial transaction card; (8) without the consent of the cardholder and knowing that the cardholder has not given consent, falsely alters, makes, or signs any written document pertaining to a card transaction to obtain or attempt to obtain the property of another; or (9) engages in trafficking of SNAP benefits.
