Criminal  &  Civil  Litigation

#sheridan

Copyright ©  Sheridan Lawyers. All rights reserved.

CRIMINAL DEFENSE:

(a)   Offense defined.-- A person commits an offense if he: 

  • uses an access device to obtain or in an attempt to obtain property or services with knowledge that: 


(i)   the access device is counterfeit, altered or incomplete; 
(ii)  the access device was issued to another person who has not authorized its use; 
(iii)  the access device has been revoked or canceled; or 
(iv)   for any other reason his use of the access device is unauthorized by the issuer or the device holder; or  

  • publishes, makes, sells, gives, or otherwise transfers to another, or offers or advertises, or aids and abets any other person to use an access device knowing that the access device is counterfeit, altered or incomplete, belongs to another person who has not authorized its use, has been revoked or canceled or for any reason is unauthorized by the issuer or the device holder; or 
  • possesses an access device knowing that it is counterfeit, altered, incomplete or belongs to another person who has not authorized its possession.



(a.1) Presumptions: For the purpose of this section as well as in any prosecution for theft committed by the means specified in this section: 

  • An actor is presumed to know an access device is counterfeit, altered or incomplete if he has in his possession or under his control two or more counterfeit, altered or incomplete access devices. 
  • Knowledge of revocation or cancellation shall be presumed to have been received by an access device holder seven days after it has been mailed to him at the address set forth on the access device application or at a new address if a change of address has been provided to the issuer. 



(b) Defenses: It is a defense to a prosecution under subsection (a)(1)(iv) if the actor proves by a preponderance of the evidence that he had the intent and ability to meet all obligations to the issuer arising out of his use of the access device.

Credit Card Fraud

​​
If you have been charged with Burglary in Chester County or Delaware County, contact  Sheridan Lawyers today by calling 484-653-0774.


If you have been charged with Credit Card Fraud, you should be familiar with the statute. The technical term is "Access Device Fraud." Each subsection of Section A is a different way the prosecution can prove that a someone committed the crime of Access Device Fraud. Section B talks about the defense to this charge. 

Know The Law

Access Device Fraud,

Credit Card Fraud