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O.C.G.A. § 16-9-34 — Criminal possession of financial transaction card forgery devices | Georgia Code
O.C.G.A. § 16-9-34 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 3 ILLEGAL USE OF FINANCIAL TRANSACTION CARDS

16-9-34. Criminal possession of financial transaction card forgery devices.

  1. A person commits the offense of criminal possession of financial transaction card forgery devices when:
    1. He is a person other than the cardholder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer; or
    2. With knowledge of its character, he possesses machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
  2. A financial transaction card is incomplete if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder has not yet been stamped, embossed, imprinted, encoded, or written upon.
  3. Conviction of the offense of criminal possession of financial transaction card forgery devices is punishable as provided in subsection (b) of Code Section 16-9-38.

(Code 1933, § 26-1705.5, enacted by Ga. L. 1969, p. 128, § 1; Code 1933, § 26-1705.4, enacted by Ga. L. 1980, p. 1083, § 1; Ga. L. 1982, p. 3, § 16.)

JUDICIAL DECISIONS

Cited in Rowland v. State, 124 Ga. App. 495, 184 S.E.2d 495 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Credit Cards and Charge Accounts, § 1 et seq. 32 Am. Jur. 2d, False Pretenses, § 28 et seq.

C.J.S.

- 35 C.J.S., False Pretenses, § 19.

ALR.

- Signing credit charge or credit sales slip, as forgery, 90 A.L.R.2d 822.

Liability of holder of credit card or plate for purchases made thereon by another person, 15 A.L.R.3d 1086.

When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

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