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Larceny Financial Transaction Card Theft is a serious type of offense in North Carolina that has various crimes that an individual can be charged with. This article lists out the elements of each crime and the punishment upon conviction required by the appropriate statute. In order to obtain a conviction, the State must prove each element of an offense beyond a reasonable doubt.

James K. Minick

James K. Minick

Taking or Withholding a Card

Elements

A person is guilty if they:

  1. Take, obtain, or withhold a financial transaction card
  2. From another
  3. Without the cardholder’s consent
  4. With the intent to use it

Punishment

The punishment for taking or withholding a card is a Class I felony under N.C. Gen. Stat. § 14-113.17(b).

Receiving a Wrongfully Obtained Card

Elements

A person is guilty if they:

  1. Receive a financial transaction card
  2. Intending to use it, sell it, or transfer it to a person other than the issuer or cardholder and
  3. Knowing that it was taken, obtained, or withheld in violation of the “Taking or Withholding a Card” offense

Punishment

The punishment for receiving a wrongfully obtained card is a Class I felony under N.C. Gen. Stat. § 14-113.17(b).

Wrongful Retention of a Misplaced Card

Elements

A person is guilty if they:

  1. Receives a financial transaction card
  2. That they know to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and
    1. Retains possession intending to use it or sell it; or
    2. Retains possession intending to transfer it to a person other than the issuer or the cardholder

Punishment

The punishment for Wrongful Retention of a Misplaced Card is a Class I felony under N.C. Gen. Stat. § 14-113.17(b).

Buying a Card

Elements

A person is guilty if they:

  1. Are not the issuer and
  2. Buys a financial transaction card
  3. From a person other than the issuer

Punishment

The punishment for buying a card is a Class I felony under N.C. Gen. Stat. § 14-113.17(b).

Selling a Card

Elements

A person is guilty if they:

  1. Are not the issuer and
  2. Sell a financial transaction card

Punishment

The punishment for selling a card is a Class I felony under N.C. Gen. Stat. § 113.17(b).

Receiving Two Cards Issued to Different Names

Elements

A person is guilty if they:

  1. Are not the issuer and
  2. Receives during a 12-month period
  3. Financial transaction cards issued in the names of two or more persons
  4. Which he or she has reason to know were taken or retained in violation of the previous offenses

Punishment

The punishment for Receiving Two Cards Issued to Different Names is a Class I Felony under N.C. Gen. Stat. § 14-113.17(b).

Obtaining or Receiving Encoded Information

Elements

A person is guilty if they

  1. With the intent to defraud any person
    1. Use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on another person’s financial transaction card; or
    2. Receives the encoded information from another person’s financial transaction card;

Punishment

The punishment for Obtaining or Receiving Encoded Information is a Class I felony under N.C. Gen. Stat. § 14-113.17(b).

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Office Locations

Asheville

30 Orchard St. Asheville, NC 28801 P: (828) 335-5024

Charlotte

2015 Ayrsley Town Blvd. #202-253 Charlotte, NC 28273 P: (704) 215-4242

Gastonia

192 S. South St Gastonia, NC 28052 P: (704) 323-8485

Waynesville

258 N. Main Street Waynesville, NC 28786 P: (828) 333-5035

Wilmington

321 N Front St #210, Wilmington, NC 28401 P: (910) 338-3994

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

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