(a) Offense defined.-- A person commits an offense if he:
(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(iii) the access device has been revoked or canceled; or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
(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:
(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.
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.
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Criminal & Civil Litigation