New York Jury Instruction - Fraud In Connection With Credit Cards Or Other Unauthorized Access Devices
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1029, which describes fraud in connection with access devices. Under this law, it's a felony to use or traffic in counterfeit access devices, including credit cards, debit cards, and gift cards. Federal credit card fraud is also called access device fraud. Under 18 U.S.C.
So what then is access device fraud? It is a criminal offense that involves the use of an unauthorized access device to obtain money, goods, services, or anything else of value. This type of fraud can be committed in a number of ways, including using a stolen credit card, debit card, or bank account information.
Value Above $50 but less than $500: Offense graded as 1st degree misdemeanor punishable by up to 5 years in jail. Value Above $500: Offense graded as 3rd degree felony punishable by up to 7 years in jail.
An access device can be a credit card, debit card, ATM card, or a card with an account number on it.
A conviction for a first time offense can result in a fine of up to $25,000, and a prison term of up to ten or fifteen years, or both, as well as forfeiture of any equipment used to perpetrate the crime depending on the type of fraud which is broken down by sub-sections.
Instead of using the term "credit card," or "debit/credit instrument," the term "access device" is used in the statute and is defined broadly as any "card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, ...