| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representatives Hall, Aguirre, Hale, Kinkade House Bill 1274 AN ACT TO PROVIDE ADDITIONAL PENALTIES AND CRIMES FOR THEFT OF MAIL, DUPLICATION OF DEPOSIT KEYS AND CREDIT CARDS; TO PROVIDE THAT THE PENALTIES AND OFFENSES SHALL BE CONSTRUED IN ADDITION TO ANY OTHER SIMILAR CRIMES AS AN ADDITIONAL OFFENSE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) As used in this act, the term: (a) "Mail" means any letter, postal card, parcel, envelope, package, bag or other material, or any other sealed article addressed to another, along with its contents. (b) "Mail depository" means a mail box, letter box, or mail receptacle of a postal service, post office box, rural box, letter box, lock drawer, an office of a postal service, a vehicle of a postal service, or any area intended or used by postal customers or a postal service for the collection, deposit, or delivery of mail. (c) "Postal service" means the United States Postal Service or its contractors, or any commercial courier that delivers mail. (2) Any of the following acts shall constitute mail theft: (a) Stealing, converting, taking, destroying, hiding, or embezzling mail, removing mail from a mail depository, or taking mail from a mail carrier with a postal service. (b) Obtaining, or attempting to obtain, custody of mail by fraud or deception. (c) Damages, opens, tears down, takes or destroys any mail depository. (d) Selling, receiving, possessing, transferring, buying, or concealing mail obtained by acts described in paragraphs (a), (b), or (c) of this subsection, while knowing or having reason to know the mail was obtained illegally. (3) (a) Whoever violates the provisions of this section shall be imprisoned for not more than five (5) years, fined not more than Five Thousand Dollars ($5,000.00), or both. (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years, fined not more than Twenty Thousand Dollars ($20,000.00), or both. (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. (5) An offense committed under this section may be prosecuted in any of the following counties: (a) The county where the offense occurred. (b) The county of residence or place of business of the direct or indirect victim. (6) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. SECTION 2. (1) As used in this section, the following terms shall have the following meanings: (a) "Mail" means any letter, postal card, parcel, envelope, package, bag, or any other sealed article addressed to another, along with its contents. (b) "Mail depository" means a mail box, letter box, or mail receptacle of a postal service, post office box, rural box, letter box, lock drawer, an office of a postal service, a vehicle of a postal service, or any area intended or used by postal customers or a postal service for the collection, deposit, or delivery of mail. (c) "Postal service" means the United States Postal Service or its contractors, or any commercial courier that delivers mail. (2) Any of the following acts shall constitute theft or unauthorized reproduction of a mail depository key or lock: (a) Stealing, purloining, embezzling, or obtaining by false pretense any key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail. (b) Knowingly and unlawfully making, forging, or counterfeiting any such key, device, or lock designed to provide access to a mail depository or to any key providing access to any mail depository, or possessing any such key, device, or lock adopted by a postal service that delivers mail with the intent to unlawfully or improperly use, sell, or otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold, or otherwise disposed. (3) (a) Any person who violates the provisions of this section shall be imprisoned for not more than five (5) years, or fined not more than Five Thousand Dollars ($5,000.00), or both. (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. (5) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. SECTION 3. (1) As used in this section, the following terms shall have the following meanings: (a) "Sight order" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft. (2) The crime of the theft or receipt of a stolen check or similar sight order is committed when a person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receiving the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen. (3) (a) Whoever violates the provisions of this section shall be imprisoned for not more than five (5) years, fined not more than Five Thousand Dollars ($5,000.00), or both. (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. (5) An offense committed under this section may be prosecuted in any of the following counties: (a) The county where the offense occurred. (b) The county of residence or place of business of the direct or indirect victim. (6) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. SECTION 4. (1) As used in this section, the following terms shall have the following meanings: (a) "Counterfeit credit card or debit card" means a: (i) Credit card or debit card that: 1. Purports on its face to have been issued by an issuer that did not issue the card; 2. Has been altered to contain a digital imprint other than that which was placed on the card by the issuer; 3. Contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or 4. Has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or (ii) Card, other than one issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card. (a) "Credit card" has the meaning assigned by Section 97-45-31. (b) "Digital imprint" means the digital data placed on a credit card or debit card or on a counterfeit credit card or debit card. (2) A person commits the offense of traffic in or possession of counterfeit credit cards if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses: (a) A counterfeit credit card or debit card or related documents; (b) The number and expiration date of a credit card or debit card without the consent of the account holder; or (c) The data stored on the digital imprint of a credit card or debit card without the consent of the account holder. (3) If an actor possessed five (5) or more of an item described by subsection (2)(b) or (c), a rebuttable presumption exists that the actor possessed each item without the consent of the account holder. (4) The presumption established under subsection (3) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a criminal law of this state. (5) An offense under this section shall be: (a) A misdemeanor if the number of items obtained, possessed, transferred, or used is less than five (5); and upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both. (b) A felony if the number of items obtained, possessed, transferred, or used is five (5) or more but less than ten (10); and upon conviction, the offender shall be imprisoned for not less than one (1) year nor more than five (5) years and may, in addition, be fined not more than Five Thousand Dollars ($5,000.00). (c) A felony if the number of items obtained, possessed, transferred, or used is ten (10) or more but less than fifty (50); and upon conviction, the offender shall be imprisoned for not less than five (5) years nor more than fifteen (15) years and may, in addition, be fined not more than Ten Thousand Dollars ($10,000.00). (d) A felony if the number of items obtained, possessed, transferred, or used is fifty (50) or more; and upon conviction, the offender shall be imprisoned for not less than ten (10) years nor more than twenty (20) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). (6) In addition to the penalties provided in subsection (5) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. (7) An offense committed under this section may be prosecuted in any of the following counties: (a) The county where the offense occurred. (b) The county of residence or place of business of the direct or indirect victim. (8) If a court orders a defendant convicted of an offense under this section to make restitution to a victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. (9) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (b) The provisions of this section shall be not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. SECTION 5. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representatives Hall, Aguirre, Hale, Kinkade |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1274 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO PROVIDE ADDITIONAL PENALTIES AND CRIMES FOR THEFT OF MAIL, DUPLICATION OF DEPOSIT KEYS AND CREDIT CARDS; TO PROVIDE THAT THE PENALTIES AND OFFENSES SHALL BE CONSTRUED IN ADDITION TO ANY OTHER SIMILAR CRIMES AS AN ADDITIONAL OFFENSE; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) As used in this act, the term: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) "Mail" means any letter, postal card, parcel, |
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| 20 | 20 | | |
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| 21 | 21 | | envelope, package, bag or other material, or any other sealed article addressed to another, along with its contents. |
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| 22 | 22 | | |
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| 23 | 23 | | (b) "Mail depository" means a mail box, letter box, |
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| 24 | 24 | | |
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| 25 | 25 | | or mail receptacle of a postal service, post office box, rural box, letter box, lock drawer, an office of a postal service, a vehicle of a postal service, or any area intended or used by postal customers or a postal service for the collection, deposit, or delivery of mail. |
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| 26 | 26 | | |
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| 27 | 27 | | (c) "Postal service" means the United States Postal |
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| 28 | 28 | | |
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| 29 | 29 | | Service or its contractors, or any commercial courier that delivers mail. |
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| 30 | 30 | | |
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| 31 | 31 | | (2) Any of the following acts shall constitute mail theft: |
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| 32 | 32 | | |
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| 33 | 33 | | (a) Stealing, converting, taking, destroying, hiding, or embezzling mail, removing mail from a mail depository, or taking mail from a mail carrier with a postal service. |
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| 34 | 34 | | |
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| 35 | 35 | | (b) Obtaining, or attempting to obtain, custody of mail by fraud or deception. |
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| 36 | 36 | | |
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| 37 | 37 | | (c) Damages, opens, tears down, takes or destroys any mail depository. |
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| 38 | 38 | | |
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| 39 | 39 | | (d) Selling, receiving, possessing, transferring, buying, or concealing mail obtained by acts described in paragraphs (a), (b), or (c) of this subsection, while knowing or having reason to know the mail was obtained illegally. |
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| 40 | 40 | | |
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| 41 | 41 | | (3) (a) Whoever violates the provisions of this section shall be imprisoned for not more than five (5) years, fined not more than Five Thousand Dollars ($5,000.00), or both. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years, fined not more than Twenty Thousand Dollars ($20,000.00), or both. |
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| 44 | 44 | | |
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| 45 | 45 | | (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. |
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| 46 | 46 | | |
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| 47 | 47 | | (5) An offense committed under this section may be prosecuted in any of the following counties: |
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| 48 | 48 | | |
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| 49 | 49 | | (a) The county where the offense occurred. |
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| 50 | 50 | | |
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| 51 | 51 | | (b) The county of residence or place of business of the direct or indirect victim. |
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| 52 | 52 | | |
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| 53 | 53 | | (6) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. |
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| 56 | 56 | | |
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| 57 | 57 | | SECTION 2. (1) As used in this section, the following terms shall have the following meanings: |
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| 58 | 58 | | |
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| 59 | 59 | | (a) "Mail" means any letter, postal card, |
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| 60 | 60 | | |
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| 61 | 61 | | parcel, envelope, package, bag, or any other sealed article addressed to another, along with its contents. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) "Mail depository" means a mail box, letter |
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| 64 | 64 | | |
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| 65 | 65 | | box, or mail receptacle of a postal service, post office box, rural box, letter box, lock drawer, an office of a postal service, a vehicle of a postal service, or any area intended or used by postal customers or a postal service for the collection, deposit, or delivery of mail. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) "Postal service" means the United States |
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| 68 | 68 | | |
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| 69 | 69 | | Postal Service or its contractors, or any commercial courier that delivers mail. |
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| 70 | 70 | | |
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| 71 | 71 | | (2) Any of the following acts shall constitute theft or unauthorized reproduction of a mail depository key or lock: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) Stealing, purloining, embezzling, or obtaining by false pretense any key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) Knowingly and unlawfully making, forging, or counterfeiting any such key, device, or lock designed to provide access to a mail depository or to any key providing access to any mail depository, or possessing any such key, device, or lock adopted by a postal service that delivers mail with the intent to unlawfully or improperly use, sell, or otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold, or otherwise disposed. |
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| 76 | 76 | | |
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| 77 | 77 | | (3) (a) Any person who violates the provisions of this section shall be imprisoned for not more than five (5) years, or fined not more than Five Thousand Dollars ($5,000.00), or both. |
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| 78 | 78 | | |
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| 79 | 79 | | (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). |
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| 80 | 80 | | |
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| 81 | 81 | | (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. |
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| 82 | 82 | | |
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| 83 | 83 | | (5) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. |
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| 84 | 84 | | |
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| 85 | 85 | | (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. |
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| 86 | 86 | | |
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| 87 | 87 | | SECTION 3. (1) As used in this section, the following terms shall have the following meanings: |
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| 88 | 88 | | |
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| 89 | 89 | | (a) "Sight order" means a written or electronic |
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| 90 | 90 | | |
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| 91 | 91 | | instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft. |
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| 92 | 92 | | |
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| 93 | 93 | | (2) The crime of the theft or receipt of a stolen check or similar sight order is committed when a person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receiving the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen. |
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| 94 | 94 | | |
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| 95 | 95 | | (3) (a) Whoever violates the provisions of this section shall be imprisoned for not more than five (5) years, fined not more than Five Thousand Dollars ($5,000.00), or both. |
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| 96 | 96 | | |
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| 97 | 97 | | (b) Upon a second or subsequent conviction or violation of the provisions of this section, the offender shall be imprisoned for not less than one (1) year nor more than ten (10) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). |
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| 98 | 98 | | |
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| 99 | 99 | | (4) In addition to the penalties provided in subsection (3) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. |
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| 100 | 100 | | |
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| 101 | 101 | | (5) An offense committed under this section may be prosecuted in any of the following counties: |
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| 102 | 102 | | |
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| 103 | 103 | | (a) The county where the offense occurred. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) The county of residence or place of business of the direct or indirect victim. |
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| 106 | 106 | | |
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| 107 | 107 | | (6) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. |
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| 108 | 108 | | |
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| 109 | 109 | | (b) The provisions of this section shall not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 4. (1) As used in this section, the following terms shall have the following meanings: |
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| 112 | 112 | | |
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| 113 | 113 | | (a) "Counterfeit credit card or debit card" means a: |
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| 114 | 114 | | |
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| 115 | 115 | | (i) Credit card or debit card that: |
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| 116 | 116 | | |
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| 117 | 117 | | 1. Purports on its face to have been |
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| 118 | 118 | | |
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| 119 | 119 | | issued by an issuer that did not issue the card; |
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| 120 | 120 | | |
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| 121 | 121 | | 2. Has been altered to contain a |
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| 122 | 122 | | |
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| 123 | 123 | | digital imprint other than that which was placed on the card by the issuer; |
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| 124 | 124 | | |
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| 125 | 125 | | 3. Contains a digital imprint with |
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| 126 | 126 | | |
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| 127 | 127 | | account information or account holder information differing from that which is printed or embossed on the card; or |
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| 128 | 128 | | |
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| 129 | 129 | | 4. Has been altered to change the |
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| 130 | 130 | | |
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| 131 | 131 | | account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or |
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| 132 | 132 | | |
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| 133 | 133 | | (ii) Card, other than one issued as a credit |
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| 134 | 134 | | |
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| 135 | 135 | | card or debit card, that has been altered to contain the digital imprint of a credit card or debit card. |
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| 136 | 136 | | |
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| 137 | 137 | | (a) "Credit card" has the meaning assigned by Section 97-45-31. |
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| 138 | 138 | | |
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| 139 | 139 | | (b) "Digital imprint" means the digital data |
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| 140 | 140 | | |
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| 141 | 141 | | placed on a credit card or debit card or on a counterfeit credit card or debit card. |
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| 142 | 142 | | |
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| 143 | 143 | | (2) A person commits the offense of traffic in or possession of counterfeit credit cards if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses: |
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| 144 | 144 | | |
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| 145 | 145 | | (a) A counterfeit credit card or debit card or related documents; |
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| 146 | 146 | | |
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| 147 | 147 | | (b) The number and expiration date of a credit card or debit card without the consent of the account holder; or |
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| 148 | 148 | | |
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| 149 | 149 | | (c) The data stored on the digital imprint of a credit card or debit card without the consent of the account holder. |
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| 150 | 150 | | |
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| 151 | 151 | | (3) If an actor possessed five (5) or more of an item described by subsection (2)(b) or (c), a rebuttable presumption exists that the actor possessed each item without the consent of the account holder. |
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| 152 | 152 | | |
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| 153 | 153 | | (4) The presumption established under subsection (3) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a criminal law of this state. |
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| 154 | 154 | | |
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| 155 | 155 | | (5) An offense under this section shall be: |
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| 156 | 156 | | |
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| 157 | 157 | | (a) A misdemeanor if the number of items obtained, possessed, transferred, or used is less than five (5); and upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both. |
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| 158 | 158 | | |
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| 159 | 159 | | (b) A felony if the number of items obtained, possessed, transferred, or used is five (5) or more but less than ten (10); and upon conviction, the offender shall be imprisoned for not less than one (1) year nor more than five (5) years and may, in addition, be fined not more than Five Thousand Dollars ($5,000.00). |
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| 160 | 160 | | |
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| 161 | 161 | | (c) A felony if the number of items obtained, possessed, transferred, or used is ten (10) or more but less than fifty (50); and upon conviction, the offender shall be imprisoned for not less than five (5) years nor more than fifteen (15) years and may, in addition, be fined not more than Ten Thousand Dollars ($10,000.00). |
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| 162 | 162 | | |
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| 163 | 163 | | (d) A felony if the number of items obtained, possessed, transferred, or used is fifty (50) or more; and upon conviction, the offender shall be imprisoned for not less than ten (10) years nor more than twenty (20) years and may, in addition, be fined not more than Twenty Thousand Dollars ($20,000.00). |
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| 164 | 164 | | |
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| 165 | 165 | | (6) In addition to the penalties provided in subsection (5) of this section, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. |
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| 166 | 166 | | |
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| 167 | 167 | | (7) An offense committed under this section may be prosecuted in any of the following counties: |
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| 168 | 168 | | |
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| 169 | 169 | | (a) The county where the offense occurred. |
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| 170 | 170 | | |
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| 171 | 171 | | (b) The county of residence or place of business of the direct or indirect victim. |
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| 172 | 172 | | |
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| 173 | 173 | | (8) If a court orders a defendant convicted of |
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| 174 | 174 | | |
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| 175 | 175 | | an offense under this section to make restitution to a victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. |
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| 176 | 176 | | |
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| 177 | 177 | | (9) (a) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. |
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| 178 | 178 | | |
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| 179 | 179 | | (b) The provisions of this section shall be not be construed to change or alter any other similar provision of law, but shall be read as an additional crime for any similar acts. |
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| 180 | 180 | | |
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| 181 | 181 | | SECTION 5. This act shall take effect and be in force from and after July 1, 2025. |
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