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Can you summarize IACO 715A.6?
FORGERY AND RELATED FRAUDULENT CRIMINAL ACTS > Credit cards.
Short Summary
This section of the Iowa Code governs the criminal offenses related to the fraudulent use of credit cards. It states that a person commits a public offense by using a credit card to obtain property or services with knowledge that the credit card is stolen, forged, revoked, canceled, or used without authorization. However, it is an affirmative defense if the person can prove that they had the intent and ability to meet all obligations to the issuer arising from the use of the credit card. The severity of the offense depends on the value of the property or services obtained. If the value is greater than $10,000, it is a class C felony. If the value is between $1,500 and $10,000, it is a class D felony. If the value is $1,500 or less, it is an aggravated misdemeanor. The section also provides a definition of the value of the property or services and allows for considering multiple acts as a single act if they are part of a single scheme, plan, or conspiracy.
Whom does it apply to?
Any person who uses a credit card for the purpose of obtaining property or services
What does it govern?
Forgery and related fraudulent criminal acts involving credit cards
What are exemptions?
An affirmative defense is available if the person proves by a preponderance of the evidence that they had the intent and ability to meet all obligations to the issuer arising out of the use of the credit card.
What are the Penalties?
Class C felony if the value of the property or services secured or sought to be secured by means of the credit card is greater than $10,000. Class D felony if the value is greater than $1,500 but not more than $10,000. Aggravated misdemeanor if the value is $1,500 or less.
Jurisdiction
Iowa