(a) Any person who takes a payment card from the person, possession, custody or control of another without the consent of the cardholder or of the issuer or who, with knowledge that it has been so taken, receives the payment card with intent to use it or to sell it, or to transfer it to any person other than the issuer or the cardholder is guilty of payment card theft and is subject to the penalties set forth in subsection (a) of section
53a-128i. Taking a payment card without consent includes obtaining it by conduct defined or known as statutory larceny, common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretense, false promise or extortion.
(b) Any person who receives a payment card that such person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession, custody or control thereof with intent to use it or to sell it or to transfer it to any person other than the issuer or the cardholder, is guilty of payment card theft and is subject to the penalties set forth in subsection (a) of section 53a-128i.
(c) Any person other than the issuer who sells a payment card or any person who buys a payment card from a person other than the issuer violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.
(d) Any person who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, obtains control over a payment card as security for debt violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.
(e) Any person, other than the issuer, who, during any twelve-month period, receives payment cards issued in the names of two or more persons which such person has reason to know were taken or retained under circumstances which constitute payment card theft or a violation of section 53a-128b or subsection (c) or (d) of this section violates this subsection and is subject to the penalties set forth in subsection (b) of section 53a-128i.
(f) Any person who, with intent to defraud a purported issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported payment card or falsely loads or causes to be falsely loaded a payment card into a digital wallet or utters such a payment card is guilty of payment card forgery and is subject to the penalties set forth in subsection (b) of section 53a-128i. A person “falsely makes” a payment card when such person makes or draws, in whole or in part, a device or instrument which purports to be the payment card of a named issuer but which is not such a payment card because the issuer did not authorize the making or drawing, or when such person so alters a payment card which was validly issued. A person “falsely embosses” a payment card when, without the authorization of the named issuer, such person completes a payment card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the payment card before it can be used by a cardholder. A person “falsely loads” or “causes to be falsely loaded” a payment card into a digital wallet when such person stores or causes to be stored on a digital wallet the digital form of (1) a payment card falsely made or falsely embossed by such person, (2) a payment card taken, procured, received or retained by such person under circumstances that constitute a violation of this section or section 53a-128b, or (3) a payment card that such person knows is falsely made, falsely embossed, forged, expired or revoked.
(g) Any person other than the cardholder or any person authorized by the cardholder who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, signs a payment card, violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.
(1971, P.A. 871, S. 31; P.A. 17-26, S. 3.)
History: P.A. 17-26 replaced references to credit card with references to payment card, amended Subsec. (f) by adding provision re person who falsely loads or causes to be falsely loaded payment card into digital wallet and adding provision re “falsely loading” and “causes to be falsely loaded”, and made technical changes.
Cited. 37 CS 527.
Notes of Decisions
Cited in
18
cases, 1974–2019 · leading case:
State v. Schovanec, 163 A.3d 581 (Conn. 2017).
State v. Schovanec, 163 A.3d 581 (Conn. 2017).
· cites it 3× “The defendant, Frank Schovanec, appeals from the judgment of conviction, rendered following a jury trial, of identity theft in the third degree in violation of General Statutes § 53a-129d, credit card theft in violation of General Statutes § 53a-128c(a), illegal use of a credit…”
State v. Bangulescu, 832 A.2d 1187 (Conn. App. Ct. 2003).
· cites it 4× “iction, rendered after a jury trial, of issuing a bad check in violation of General Statutes § 53a-128 (a) (1), forgery in the second degree by completion of a written instrument that he knew to be forged in violation of General Statutes § 53a-139 (a) (1), two counts of forgery…”
State v. Love, 717 A.2d 670 (Conn. 1998).
· cites it 7× “Following a jury trial, the defendant, Clarence Love, was convicted of thirty-seven counts of larceny in the sixth degree in violation of General Statutes § 53a-125b (a), 1 five counts of credit card theft in violation of General Statutes § 53a-128c (a), 2 and *404 eighteen…”
State v. Hudson, 998 A.2d 1272 (Conn. App. Ct. 2010).
· cites it 6× “Hudson, with two counts of credit card theft in violation of General Statutes § 53a-128c (a), three counts of identity theft in the third degree in violation of General Statutes § 53a-129d (a) and three counts of credit card forgery in violation of General Statutes § 53a-128c…”
State v. Henderson, 706 A.2d 480 (Conn. App. Ct. 1998).
· cites it 3× “The defendant, Mitchell Henderson, appeals from a judgment of conviction, rendered after a jury trial, of two counts of larceny in the sixth degree in violation of General Statutes § 53a-125b, one count of assault in the third degree in violation of General Statutes § 53a-61,…”
Szarwak v. Warden, 355 A.2d 49 (Conn. 1974).
· cites it 4× “By a substituted information, he was charged with a single count of receiving stolen credit cards and one count of receiving stolen property in violation of §§ 53a-128c (e) and 53a-125 of the General Statutes, respectively.”
State v. Sostre, 802 A.2d 754 (Conn. 2002).
· cites it 2× “” General Statutes § 53a-128a (f) provides: “ ‘Receives’ or ‘receiving’ means acquiring possession, custody or control .”
State v. Walker, 204 A.3d 38 (Conn. App. Ct. 2019).
· cites it 2× “to 1999) § 53a-217, two counts of credit card theft in violation of General Statutes § 53a-128c (a), three counts of fraudulent use of an automatic teller machine in violation of General Statutes § 53a-127b, two counts of illegal use of a credit card in violation of General…”
Anderson v. Comm'r of Corr., 15 A.3d 658 (Conn. App. Ct. 2011).
· cites it 2× “In the underlying criminal matters, the petitioner was charged with three *540 counts of burglary in the third degree in violation of General Statutes § 53a-103, one count of larceny in the second degree in violation of General Statutes § 53a-123, two counts of larceny in the…”
State v. Jerrell R., 202 A.3d 1044 (Conn. App. Ct. 2019).
· cites it 2× “3d 581 , the defendant was convicted of identity theft in the third degree in violation of General Statutes § 53a-129d, credit card theft in violation of General Statutes § 53a-128c (a), illegal use of a credit card in violation of General Statutes § 53a-128d (2), and larceny in…”
State v. Carcare, 818 A.2d 53 (Conn. App. Ct. 2003).
· cites it 2× “The defendant, Joseph Francis Careare, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the third degree in violation of General Statutes § 53a-103, credit card theft in violation of General Statutes § 53a-128c (a) and larceny in the fifth…”
State v. Walker, 835 A.2d 1058 (Conn. App. Ct. 2003).
· cites it 2× “f kidnapping in the first degree with a firearm in violation of General Statutes § 53a-92a, four counts of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), threatening in violation of General Statutes § 53a-62 (a) (2), criminal possession of…”
— Conn. Gen. Stat. § 53a-128c(a) — 1 case
State v. Schovanec, 163 A.3d 581 (Conn. 2017).
“The defendant, Frank Schovanec, appeals from the judgment of conviction, rendered following a jury trial, of identity theft in the third degree in violation of General Statutes § 53a-129d, credit card theft in violation of General Statutes § 53a-128c(a), illegal use of a credit…”
— Conn. Gen. Stat. § 53a-128c(e) — 1 case
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