1. a. A person commits a public offense by using a credit card for the purpose of obtaining property or services with knowledge of any of the following:
(1) The credit card is stolen or forged.
(2) The credit card has been revoked or canceled.
(3) For any other reason the use of the credit card is unauthorized.
b. It is an affirmative defense to prosecution under paragraph “a”, subparagraph (3), if the person proves by a preponderance of the evidence that the person had the intent and ability to meet all obligations to the issuer arising out of the use of the credit card.
2. a. An offense under this section is a class “C” felony if the value of the property or services secured or sought to be secured by means of the credit card is greater than ten thousand dollars.
b. If the value of the property or services secured or sought to be secured by means of the credit card is greater than one thousand five hundred dollars but not more than ten thousand dollars, an offense under this section is a class “D” felony.
c. If the value of the property or services secured or sought to be secured by means of the credit card is one thousand five hundred dollars or less, an offense under this section is an aggravated misdemeanor.
3. For purposes of this section, the value of the property or services is the highest value of the property or services determined by any reasonable standard at the time the violation occurred. Any reasonable standard includes but is not limited to market value within the community, actual value, or replacement value. If property or services are secured by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the acts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single act and the value may be the total value of all property or services involved. 87 Acts, ch 150, §6; 92 Acts, ch 1060, §7; 2003 Acts, ch 12, §1, 2; 2013 Acts, ch 30, §211; 2014 Acts, ch 1092, §146; 2019 Acts, ch 140, §17 Referred to in §715A.6B \n
Notes of Decisions
Cited in
30
cases (
7 in the last 5 years), 1990–2026 · leading case:
State v. Liddell, 672 N.W.2d 805 (Iowa 2003).
State v. Liddell, 672 N.W.2d 805 (Iowa 2003).
· cites it 4× “See Iowa Code §§ 715A.6(2), 715A.1(2), 715A.6(1) (2001).”
State v. Allison, 576 N.W.2d 371 (Iowa 1998).
· cites it 14× “Iowa Code § 715A.6. Unlike its predecessor, chapter 715A does not contain language authorizing the aggregation of the value of items or services obtained by the forged or fraudulent use of a stolen credit card.”
State v. Miller, 590 N.W.2d 724 (Iowa 1999).
· cites it 11× “See Iowa Code §§ 715A.6, 902.8 (1997). The court of appeals affirmed her conviction, but preserved her ineffective-assistance-of-counsel claim for postconviction relief proceedings.”
State v. Bolinger, 460 N.W.2d 877 (Iowa Ct. App. 1990).
· cites it 8× “Bolinger next claims that he should have instead been charged with unlawful use of a credit card in violation of Iowa Code section 715A.6 and therefore not a class “D” felony.”
State v. Nosa, 738 N.W.2d 658 (Iowa Ct. App. 2007).
· cites it 2× “The State charged Nosa, by trial information, with credit card fraud, in violation of Iowa Code section 715A.6(2) (2005). Nosa signed and filed a written guilty plea and a written memorandum of the parties’ plea agreement.”
State v. Moore, 638 N.W.2d 735 (Iowa 2002).
· cites it 4× “Michael Moore pled guilty to using a stolen credit card in violation of Iowa Code section 715A.6 (1999), and he was sentenced to a prison term not to exceed five years.”
State v. Antenucci, 608 N.W.2d 19 (Iowa 2000).
· cites it 2× “See Iowa Code § 715A.6. When the court denied the motion to dismiss, Antenueci withdrew his plea of not guilty.”
In the Interest of C.P., 569 N.W.2d 810 (Iowa 1997).
· cites it 2× “7, a simple misdemeanor, and one count of credit card fraud in violation of Iowa Code section 715A.6, an aggravated misdemeanor.”
State of Iowa v. Sarah Rae Berg (Iowa 2024).
· cites it 9× “§ 715A.6(1)(a). The trial information charged that Berg “use[d] a credit card to obtain property or services, valued not in excess of $1,500, knowing that the credit card was stolen, forged, revoked, cancelled or otherwise used without authorization.”
— Iowa Code § 715A.6(1) — 1 case
— Iowa Code § 715A.6(1)(a) — 5 cases
State of Iowa v. Sarah Rae Berg (Iowa 2024).
“§ 715A.6(1)(a). The trial information charged that Berg “use[d] a credit card to obtain property or services, valued not in excess of $1,500, knowing that the credit card was stolen, forged, revoked, cancelled or otherwise used without authorization.”
— Iowa Code § 715A.6(1)(a)(1) — 2 cases
— Iowa Code § 715A.6(1)(a)(3) — 2 cases
— Iowa Code § 715A.6(2) — 12 cases
State v. Liddell, 672 N.W.2d 805 (Iowa 2003).
“See Iowa Code §§ 715A.6(2), 715A.1(2), 715A.6(1) (2001).”
State v. Nosa, 738 N.W.2d 658 (Iowa Ct. App. 2007).
“The State charged Nosa, by trial information, with credit card fraud, in violation of Iowa Code section 715A.6(2) (2005). Nosa signed and filed a written guilty plea and a written memorandum of the parties’ plea agreement.”
State v. Bolinger, 460 N.W.2d 877 (Iowa Ct. App. 1990).
“Bolinger next claims that he should have instead been charged with unlawful use of a credit card in violation of Iowa Code section 715A.6 and therefore not a class “D” felony.”
State v. Moore, 638 N.W.2d 735 (Iowa 2002).
“Michael Moore pled guilty to using a stolen credit card in violation of Iowa Code section 715A.6 (1999), and he was sentenced to a prison term not to exceed five years.”
— Iowa Code § 715A.6(2)(a) — 1 case
— Iowa Code § 715A.6(2)(b) — 2 cases
— Iowa Code § 715A.6(2)(c) — 2 cases
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