O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-9-34 (2019)

Criminal possession of financial transaction card forgery devices

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

FORGERY & FRAUDULENT PRACTICES

(b) 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.

(c) 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.

History

(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.)

Annotations

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.