                                 CODE OF VIRGINIA

CREDIT CARD FRAUD; CONSPIRACY; PENALTIES (§ 18.2-195)

1. A person is guilty of credit card fraud when, with intent to defraud any
person, he:

   a. Uses for the purpose of obtaining money, goods, services or anything else
   of value a credit card or credit card number obtained or retained in violation
   of &#xA7; 18.2-192 or a credit card or credit card number which he knows is
   expired or revoked;

   b. Obtains money, goods, services or anything else of value by representing
   (i) without the consent of the cardholder that he is the holder of a specified
   card or credit card number or (ii) that he is the holder of a card or credit
   card number and such card or credit card number has not in fact been issued;

   c. Obtains control over a credit card or credit card number as security for
   debt; or

   d. Obtains money from an issuer by use of an unmanned device of the issuer or
   through a person other than the issuer when he knows that such advance will
   exceed his available credit with the issuer and any available balances held by
   the issuer.

2. A person who is authorized by an issuer to furnish money, goods, services or
anything else of value upon presentation of a credit card or credit card number
by the cardholder, or any agent or employee of such person, is guilty of a
credit card fraud when, with intent to defraud the issuer or the cardholder, he:

   a. Furnishes money, goods, services or anything else of value upon
   presentation of a credit card or credit card number obtained or retained in
   violation of &#xA7; 18.2-192, or a credit card or credit card number which he
   knows is expired or revoked;

   b. Fails to furnish money, goods, services or anything else of value which he
   represents or causes to be represented in writing or by any other means to the
   issuer that he has furnished; or

   c. Remits to an issuer or acquirer a record of a credit card or credit card
   number transaction which is in excess of the monetary amount authorized by the
   cardholder.

3. Conviction of credit card fraud is punishable as a Class 1 misdemeanor if the
value of all money, goods, services and other things of value furnished in
violation of this section, or if the difference between the value of all money,
goods, services and anything else of value actually furnished and the value
represented to the issuer to have been furnished in violation of this section,
is less than $1,000 in any six-month period; conviction of credit card fraud is
punishable as a Class 6 felony if such value is $1,000 or more in any six-month
period.

4. Any person who conspires, confederates or combines with another, (i) either
within or without the Commonwealth to commit credit card fraud within the
Commonwealth or (ii) within the Commonwealth to commit credit card fraud within
or without the Commonwealth, is guilty of a Class 6 felony.

HISTORY: Code 1950, § 18.1-125.6; 1968, c. 480; 1975, cc. 14, 15; 1978, c. 364;
1980, c. 99; 1981, c. 197; 1985, c. 266; 1991, c. 546; 2018, cc. 764, 765; 2020,
cc. 89, 401.