[§708-8106] Defenses not available.

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[§708-8106] Defenses not available. In any prosecution for violation of this part, the prosecution is not required to establish and it is no defense:

(1)That a person other than the defendant who violated this part has not been convicted, apprehended, or identified; or

(2)That some of the acts constituting the offense did not occur in this State or were not a crime or element of a crime where they did occur. [L 1986, c 314, pt of §61]

COMMENTARY ON §§708-8100 TO 708-8106

Act 314, Session Laws 1986, incorporated into the Code the credit card offenses previously included under chapter 851. Apart from this change, credit card offense penalties were made more severe in recognition of the increase in the criminal abuse of credit cards. Also, Act 314 barred the disclosure of credit cardholder lists, except in limited circumstances, because the procurement from stores and credit bureaus of those lists increases the likelihood of credit card fraud and theft. Senate Standing Committee Report No. 820-86, Conference Committee Report No. 51-86.

Act 55, Session Laws 1988, amended §708-8100 by lowering the value of money, goods, and services, required as an element of credit card fraud in the class C felony category, from $500 to $300. This amendment makes this section uniform with similar statutory crimes. House Standing Committee Report No. 1173-88.

Act 287, Session Laws 1993, added §708-8100.5 to provide criminal sanctions for the fraudulent encoding of a credit card. The legislature found that criminal elements are now capable of changing the magnetic encoding on a credit card to match a usable code and then use the card without detection, resulting in tremendous potential loss to the State's commerce. The legislature further found that because this type of crime is more serious and sophisticated than simple credit card fraud or simple theft and the potential for economic loss is so great, classification of this offense as a class B felony is appropriate. Conference Committee Report No. 102.

Act 230, Session Laws 2006, amended §708-8100(2) to provide that each separate use of a stolen credit card that exceeds $300 can be charged as a separate incident. House Standing Committee Report No. 665-06.