Section 638:5 Fraudulent Use of Credit Card.
277 words·~1 min read·
/nh/title-lxii-criminal-code/chapter-638-fraud/638-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a)The card is stolen; or
(b)The card has been revoked or cancelled; or
(c)For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. "Credit card" means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III.
(a)Fraudulent use of a credit card is:
(1)A class A felony if:
(A)Property or services are obtained which exceed the value of $1,500; or
(B)The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2)A class B felony if:
(A)Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B)The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3)A misdemeanor in all other cases.
(b)The value shall be determined according to the provisions of RSA 637:2, V.