13-2109. Credit card transaction record theft; classification

A. A person commits credit card transaction record theft by:

1. If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.

2. Knowingly and without the participating party's authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.

B. In order to determine the classification of the offense, the state may aggregate in the indictment or information amounts that were taken from one or more persons in credit card transaction record theft that was committed pursuant to one scheme or course of conduct.

C. Credit card transaction record theft with a value of twenty-five thousand dollars or more is a class 2 felony. Credit card transaction record theft with a value of at least three thousand dollars but less than twenty-five thousand dollars is a class 3 felony. Credit card transaction record theft with a value of at least two thousand dollars but less than three thousand dollars is a class 4 felony. Credit card transaction record theft with a value of at least one thousand dollars but less than two thousand dollars is a class 5 felony. Credit card transaction record theft with a value of at least five hundred dollars but less than one thousand dollars is a class 6 felony. Credit card transaction record theft with a value of less than five hundred dollars is a class 1 misdemeanor.

D. A person who is convicted of a violation of this section that involved an amount of at least one hundred thousand dollars is not eligible for suspension of sentence, probation, pardon, or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.