NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1213

SENATE BILL 823

 

 

AN ACT TO AMEND ARTICLE 19A AND ARTICLE 19B RELATING TO OBTAINING PROPERTY OR SERVICES BY FRAUDULENT USE OF CREDIT DEVICE OR OTHER MEANS AND CREDIT CARD USE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-113.1 is hereby rewritten and amended to read as follows:

"§ 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 telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device of another without the authority of the person to whom such number or device was issued, or by the use of any telephone number, credit number or other credit device in any case where such number or device has been revoked and notice of revocation has been given to the person to whom issued or he has knowledge or reason to believe that such revocation has occurred."

Sec. 2.  G.S. 14-113.5 is hereby rewritten and amended to read as follows:

"§ 14-113.5.  Making, possessing or transferring device for theft of telecommunication service; publication of information regarding schemes, devices, means, or methods for such theft; concealment of existence, origin or destination of any telecommunication. — It shall be unlawful for any person knowingly to:

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

a.         For commission of a theft of telecommunication service in violation of this Article, or

b.         To conceal, or 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

(2)        Sell, give, transport, or otherwise transfer to another or offer or advertise for sale, any instrument, apparatus, equipment, or device described in (1) 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 (1)a. or (1)b. 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.

(3)        Publish plans or instructions for making or assembling or using any apparatus, equipment or device described in (1) above, or

(4)        Publish the number or code of an existing, cancelled, revoked or non-existent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have such telephone number, credit number, credit device or method of numbering or coding so used. As used in this section, 'publish' means the communication or dissemination of information to any one or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.

(5)        Any instrument, apparatus, device, plans or instructions or publications described in this section may be seized under warrant or incident to a lawful arrest for a violation of this section, and, upon the conviction of a person for a violation of this section, such instrument, apparatus, device, plans, instructions or publication may be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized."

Sec. 3.  Article 19A of Chapter 14 of the General Statutes is hereby amended by adding a new section immediately after G.S. 14-113.6, to be numbered G.S. 14-113.6a., and to read as follows:

"§ 14-113.6a.  Venue of offenses. — (a) Any of the offenses described in Article 19A which involve the placement of telephone calls may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.

(b)        An offense under G.S. 14-113.5(3) or (4) may be deemed to have been committed at either the place at which the publication was initiated or at which the publication was received or at which the information so published was utilized to avoid or attempt to avoid the payment of any lawful telephone or telegraph toll charge."

Sec. 4.  Subdivision (2) of G.S. 14-113.8 is rewritten and amended to read as follows:

"(2)      Credit Card. 'Credit Card' means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit, but shall not include a telephone number, credit number or other credit device which is covered by the provisions of Article 19A of this Chapter."

Sec. 5.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.