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Can you summarize HIRS Chapter 708, Part X?
Offenses Against Property Rights > Credit Card Offenses
Short Summary
The provided legal document covers various offenses related to credit card fraud. It includes the offense of fraudulent use of a credit card, which encompasses using, attempting to use, or conspiring to use a credit card obtained or retained in violation of certain sections, as well as using a forged, expired, or revoked credit card. It also covers obtaining or attempting to obtain money, goods, services, or anything else of value by misrepresenting oneself as the cardholder or by using a credit card number without the cardholder’s consent. The severity of the offense depends on the value obtained or attempted to be obtained. If it exceeds $300 in any six-month period, it is classified as a class C felony, with each separate use of a credit card exceeding $300 constituting a separate offense. If the value does not exceed $300, it is considered a misdemeanor. The document also addresses the offense of fraudulent encoding of a credit card, which involves intentionally changing, altering, erasing, adding, creating, tampering with, or manipulating a credit card number by encoding it onto the magnetic strip of the credit card. It also includes knowingly using, uttering, or offering a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip for the purpose of obtaining money, goods, services, or anything else of value. Additionally, it applies to individuals who knowingly sell or distribute any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip. The offense of fraudulent encoding of a credit card is classified as a class B felony. The document further covers the offense of making a false statement to procure issuance of a credit card, which involves making or causing to be made any false statement in writing, knowing it to be false and with the intent that it be relied on, for the purpose of obtaining a credit card. This offense is classified as a misdemeanor. The document also addresses credit card theft, credit card forgery, credit card fraud by a provider of goods or services, and possession of unauthorized credit card machinery or incomplete cards, specifying the actions that constitute these offenses and their respective classifications as felonies. The document does not mention specific penalties for non-compliance or violation of its provisions.
Whom does it apply to?
Any person who commits the specified credit card offenses
What does it govern?
Offenses related to credit card fraud, including fraudulent use of a credit card, fraudulent encoding of a credit card, making false statements to procure issuance of a credit card, credit card theft, credit card forgery, credit card fraud by a provider of goods or services, and possession of unauthorized credit card machinery or incomplete cards
What are exemptions?
No exemptions are mentioned in the document.
What are the Penalties?
The penalties for the offenses vary depending on the specific offense committed. The severity of the offense is determined by the value obtained or attempted to be obtained. If the value exceeds $300 in any six-month period, it is classified as a class C felony. If the value does not exceed $300, it is considered a misdemeanor. The offense of fraudulent encoding of a credit card is classified as a class B felony. Credit card theft and credit card forgery are both classified as class C felonies. The document does not mention specific penalties for non-compliance or violation of its provisions.
Jurisdiction
Hawaii