NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1147

HOUSE BILL 1064

 

 

AN ACT TO REWRITE ARTICLE 19A OF CHAPTER 14 OF THE GENERAL STATUTES 1963 CUMULATIVE SUPPLEMENT, VOLUME 1B RELATING TO AVOIDING PAYMENT FOR PROPERTY OR SERVICES BY FALSE OR FRAUDULENT USE OF CREDIT CARDS OR OTHER MEANS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 19A of Chapter 14 of the General Statutes of North Carolina, 1963 Cumulative Supplement, Volume 1B, including Sections 14-113.1 through 14-113.6, is hereby rewritten to read as follows:

"G.S. 14-113.1.  Use of False or Counterfeit Credit Device; Unauthorized Use of Another's Credit Device; Use After Notice of Revocation. It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious, or counterfeit credit card, telephone number, credit number or other credit device, or by the use of any credit card telephone number, credit number or other credit device of another without the authority of the person to whom such card, number or device was issued, or by the use of any credit card, telephone number, credit number or other credit device in any case where such card, number or device has been revoked and notice of revocation has been given to the person to whom issued.

"G.S. 14-113.2.  Notice Defined; Prima-Facie Evidence of Receipt of Notice. The word 'notice' as used in § 14-113.1 shall be construed to include either notice given in person or notice given in writing to the person to whom the number, card or device was issued. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima-facie evidence that such notice was duly received after five days from the date of deposit in the mail.

"G.S. 14-113.3.  Use of Credit Device as Prima-Facie Evidence of Knowledge. The presentation or use of a revoked, false, fictitious or counterfeit credit card, telephone number, credit number, or other credit device for the purpose of obtaining credit or the privilege of making a deferred payment for the article or service purchased shall be prima-facie evidence of knowledge that the said credit device is revoked, false, fictitious or counterfeit; and the unauthorized use of any credit card, telephone number, credit number or other credit device of another shall be prima-facie evidence of knowledge that such use was without the authority of the person to whom such card, number or device was issued.

"G.S. 14-113.4.  Avoiding or Attempting to Avoid Payment for Telecommunication Services. It shall be unlawful for any person to avoid or attempt to avoid, or to cause another to avoid, the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities by the use of any fraudulent scheme, device, means or method.

"G.S. 14-113.5.  Possessing or Transferring Device for Theft of Telecommunication Service; Concealment of Destination of Telecommunication Service. It shall be unlawful for any person knowingly to:

(a)        Make or possess any apparatus, equipment, or device designed, adapted, or which is used

(1)        for commission of a theft of telecommunication service in violation of this Article, or

(2)        to conceal, or to assist another to conceal, from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication, or

(b)        Sell, give, transport, or otherwise transfer to another or offer or advertise for sale, any apparatus, equipment, or device described in (a), above, or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ such apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in (a)(1) or (a)(2), above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such apparatus, equipment, or device.

"G.S. 14-113.6.  Violation Made Misdemeanor. Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall upon conviction be fined or imprisoned, or both, at the discretion of the court.

"G.S. 14-113.7.  Article not Construed as Repealing § 14-100. This Article shall not be construed as repealing § 14-100."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1965.