Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.
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(1) Under circumstances that do not constitute a violation of Subsection (2), an individual is guilty of a third degree felony who:
(a) acquires a financial transaction card from another without the consent of the card holder or the issuer;
(b) receives a financial transaction card with intent to use the financial transaction card in violation of Section 76-6-506.2;
(c) sells or transfers a financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2;
(d)
(i) acquires a financial transaction card that the individual knows was lost, mislaid, stolen, or delivered under a mistake as to the identity or address of the card holder; and
(ii)
(A) retains possession with intent to use the financial transaction card in violation of Section 76-6-506.2; or
(B) sells or transfers the financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2; or
(e) possesses, sells, or transfers any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card:
(i)
(A) without the consent of the card holder or the issuer; or
(B) with knowledge that the information has been acquired without consent of the card holder or the issuer; and
(ii) with intent to use the information in violation of Section 76-6-506.2.
(2) An individual is guilty of a second degree felony who possesses, sells, or transfers any information necessary for the use of 100 or more financial transaction cards, including the credit number of a card, the expiration date of a card, or the personal identification code related to a card:
(a) with intent to use the information in violation of Section 76-6-506.2; or
(b) with knowledge that the information will be used by another in violation of Section 76-6-506.2.