In the modern era, theft crimes like access device fraud are more prevalent as a result of services like Amazon which have opened up consumers to having their information such as their credit or debit card number being stolen. robbery This is commonly referred to as credit card fraud and can be a huge inconvenience for those have had this happen to them. Officially credit card fraud is written under title 18 section 4106 as access device fraud. An access device encompasses a whole host of various related items such as any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, or personal identification number. In order to prove that a person is in violation of this statute, the Commonwealth must provide evidence that the person obtained property with the knowledge that the access device was fake, altered, canceled, revoked or that they did not have permission to use it.
It is important to note for theft crimes such as access device fraud that mere possession alone is enough to be charged under this statute. This statute also makes the distribution of any of these devices illegal. burglary For instance, a couple years ago the retail chain Target had a security breach and upwards of 40 million people’s credit card information was stolen. The main goal of obtaining that quantity was to then sell that information to others who would presumably use it to empty debit accounts or rack up debt on credit cards. Under this statute both the acts of selling and buying stolen information would be covered. Depending on the amount of money stolen, the penalty can range from a misdemeanor of the first-degree if the amount is $50-$500, and a felony of the third-degree if the amount is over $500. Mere possession of a fraudulent device is a misdemeanor of first-degree, while distributing fraudulent devices is a felony of the third-degree. Due to the seriousness of the charge, it is important to find a good defense attorney. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight for the best outcome of your case.