New Jersey § 2c:21-6

§ 2c:21-6.

Credit Cards. a. Definitions. As used in this section: (1) “ Cardholder ” means the person or organization named on the face of a credit card to whom or for

whose benefit the credit card is issued by an issuer. (2) “ Credit card ” means any tangible or intangible instrument or device issued with or without fee

by an issuer that can be used, alone or in connection with another means of account

access, in obtaining money, goods, services or anything else of value on credit, including

credit cards, credit plates, account numbers, or any other means of account access. (3) “ Expired credit card ” means a credit card which is no longer valid because the term shown either on it

or on documentation provided to the cardholder by the issuer has elapsed. (4) “ Issuer ” means the business organization or financial institution which issues a credit card

or its duly authorized agent. (5) “ Receives ” or “ receiving ” means acquiring possession or control or accepting a credit card as security for

a loan. (6) “ Revoked credit card ” means a credit card which is no longer valid because permission to use it has been

suspended or terminated by the issuer. b. False statements made in procuring issuance of credit card. A person who makes or causes to be made, either directly or indirectly, any false

statement in writing, knowing it to be false and with intent that it be relied on,

respecting his identity or that of any other person, firm or corporation, or his financial

condition or that of any other person, firm or corporation, for the purpose of procuring

the issuance of a credit card is guilty of a crime of the fourth degree. c. Credit card theft. (1) A person who takes or obtains a credit card from the person, possession, custody

or control of another without the cardholder's consent or who, with knowledge that

it has been so taken, receives the credit card with intent to use it or to sell it,

or to transfer it to a person other than the issuer or the cardholder is guilty of

a crime of the fourth degree. Taking a credit card without consent includes obtaining it by any conduct defined

and prescribed in Chapter 20 of this title, Theft and Related Offenses. A person who has in his possession or under his control (a) credit cards issued in

the names of two or more other persons or, (b) two or more stolen credit cards is

presumed to have violated this paragraph. (2) A person who receives a credit card that he knows to have been lost, mislaid,

or delivered under a mistake as to the identity or address of the cardholder, and

who retains possession with intent to use it or to sell it or to transfer it to a

person other than the issuer or the cardholder is guilty of a crime of the fourth

degree. (3) A person other than the issuer who sells a credit card or a person who buys a

credit card from a person other than the issuer is guilty of a crime of the fourth

degree. (4) A person who, with intent to defraud the issuer, a person or organization providing

money, goods, services or anything else of value, or any other person, obtains control

over a credit card as security for debt is guilty of a crime of the fourth degree. (5) A person who, with intent to defraud a purported issuer, a person or organization

providing money, goods, services or anything else of value, or any other person, falsely

makes or falsely embosses a purported credit card or utters such a credit card is

guilty of a third degree offense. A person other than the purported issuer who possesses two or more credit cards

which are falsely made or falsely embossed is presumed to have violated this paragraph. A person “ falsely makes ” a credit card when he makes or draws, in whole or in part, a device or instrument

which purports to be the credit card of a named issuer but which is not such a credit

card because the issuer did not authorize the making or drawing, or alters a credit

card which was validly issued. A person “ falsely embosses ” a credit card when, without the authorization of the named issuer, he completes

a credit card by adding any of the matter, other than the signature of the cardholder,

which an issuer requires to appear on the credit card before it can be used by a cardholder. (6) A person other than the cardholder or a person authorized by him who, with intent

to defraud the issuer, or a person or organization providing money, goods, services

or anything else of value, or any other person, signs a credit card, is guilty of

a crime of the fourth degree. A person who possesses two or more credit cards which are so signed is presumed

to have violated this paragraph. d. Intent of cardholder to defraud; penalties; knowledge of revocation. A person, who, with intent to defraud the issuer, a person or organization providing

money, goods, services or anything else of value, or any other person, (1) uses for

the purpose of obtaining money, goods, services or anything else of value a credit

card obtained or retained in violation of subsection c. of this section or a credit

card which he knows is forged, expired or revoked, or (2) obtains money, goods, services

or anything else of value by representing without the consent of the cardholder that

he is the holder of a specified card or by representing that he is the holder of a

card and such card has not in fact been issued, is guilty of a crime of the third

degree. Knowledge of revocation shall be presumed to have been received by a cardholder

four days after it has been mailed to him at the address set forth on the credit card

or at his last known address by registered or certified mail, return receipt requested,

and, if the address is more than 500 miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands,

the Canal Zone and Canada, notice shall be presumed to have been received 10 days

after mailing by registered or certified mail. e. Intent to defraud by person authorized to furnish money, goods, or services; penalties. (1) A person who is authorized by an issuer to furnish money, goods, services or anything

else of value upon presentation of a credit card by the cardholder, or any agent or

employees of such person, who, with intent to defraud the issuer or the cardholder,

furnishes money, goods, services or anything else of value upon presentation of a

credit card obtained or retained in violation of subsection c. of this section or

a credit card which he knows is forged, expired or revoked violates this paragraph

and is guilty of a crime of the third degree. (2) A person who is authorized by an issuer to furnish money, goods, services or anything

else of value upon presentation of a credit card by the cardholder, fails to furnish

money, goods, services or anything else of value which he represents in writing to

the issuer that he has furnished is guilty of a crime of the fourth degree. f. Incomplete credit cards; intent to complete without consent. A person other than the cardholder possessing two or more incomplete credit cards,

with intent to complete them without the consent of the issuer or a person possessing,

with knowledge of its character, machinery, plates or any other contrivance designed

to reproduce instruments purporting to be the credit cards of an issuer who has not

consented to the preparation of such credit cards, is guilty of a crime of the third

degree. A credit card is “incomplete” if part of the matter other than the signature of

the cardholder, which an issuer requires to appear on the credit card, before it can

be used by a cardholder, has not yet been stamped, embossed, imprinted or written

on it. N.J.S. 2C:21-6 A person who receives money, goods, services or anything else of value obtained

in violation of subsection d. of this section, knowing or believing that it was so

obtained is guilty of a crime of the fourth degree. A person who obtains, at a discount price a ticket issued by an airline, railroad,

steamship or other transportation company which was acquired in violation of subsection

d. of this section without reasonable inquiry to ascertain that the person from whom

it was obtained had a legal right to possess it shall be presumed to know that such

ticket was acquired under circumstances constituting a violation of subsection d.

of this section. h. Fraudulent use of credit cards. A person who knowingly uses any counterfeit, fictitious, altered, forged, lost, stolen

or fraudulently obtained credit card to obtain money, goods or services, or anything

else of value; or who, with unlawful or fraudulent intent, furnishes, acquires, or

uses any actual or fictitious credit card, whether alone or together with names of

credit cardholders, or other information pertaining to a credit card account in any

form, is guilty of a crime of the third degree.