76-6-506.2.   Financial transaction card offenses -- Unlawful use of card or automated banking device -- False application for card.
     It is unlawful for any person to:
     (1) knowingly, with intent to defraud, obtain or attempt to obtain credit or purchase or attempt to purchase goods, property, or services, by the use of a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card, by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or the card holder;
     (2) use a financial transaction card, with intent to defraud, to knowingly and willfully exceed the actual balance of a demand or time deposit account;
     (3) use a financial transaction card, with intent to defraud, to willfully exceed an authorized credit line by $500 or more, or by 50% of such line, whichever is greater;
     (4) willfully, with intent to defraud, deposit into his or any other account by means of an automated banking device a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other similar document;
     (5) make application for a financial transaction card to an issuer, while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial condition, assets, or to willfully and substantially undervalue or understate any indebtedness for the purposes of influencing the issuer to issue the financial transaction card; or
     (6) knowingly, with intent to defraud any authorized credit card merchant, card holder, or issuer, sell or attempt to sell credit card sales drafts to an authorized credit card merchant or any other person or organization, for any consideration whether at a discount or otherwise, or present or cause to be presented to the issuer or an authorized credit card merchant, for payment or collection, any such credit card sales draft, if:
     (a) the draft is counterfeit or fictitious;
     (b) the purported sales evidenced by any such credit card sales draft did not take place;
     (c) the purported sale was not authorized by the card holder;
     (d) the items or services purported to be sold as evidenced by the credit card sales drafts are not delivered or rendered to the card holder or person intended to receive them; or
     (e) when delivered or rendered, the goods or services are materially different or of materially lesser value or quality than represented by the seller or his agent to the purchaser, or have substantial discrepancies from goods or services impliedly represented by the purchase price when compared with the actual goods or services delivered or rendered.

Amended by Chapter 306, 2007 General Session
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Last revised: Wednesday, July 23, 2008