Missouri HB 3414: Establishes violations and penalties for fraud and related activities in connection with access devices and for a scheme or artifice to defraud individuals and financial institutions

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 3414
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
7224H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 407, RSMo, by adding thereto two new sections relating to fraudulent
activities, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 407.1505 and 407.1510, to read as follows:
407.1505. 1. For purposes of this section, unless the context provides otherwise,
2 the following terms mean:
3 (1) "Access device", any card, plate, code, account number, electronic serial
4 number, mobile identification number, personal identification number; other
5 telecommunications service, equipment, or instrument identifier; or other means of
6 account access that can be used alone, or in conjunction with another access device, to
7 obtain moneys, goods, services, or any other thing of value, or that can be used to
8 initiate a transfer of funds, other than a transfer originated solely by paper instrument;
9 (2) "Counterfeit access device", any access device that is counterfeit, fictitious,
10 altered, or forged, or an identifiable component of an access device or a counterfeit
11 access device;
12 (3) "Credit card system member", a financial institution or other entity that is a
13 member of a credit card system, including an entity whether affiliated with or identical
14 to the credit card issuer, that is the sole member of a credit card system;
15 (4) "Device-making equipment", any equipment, mechanism, or impression
16 designed for or primarily used for making an access device or a counterfeit access
17 device;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 (5) "Facilities-based carrier", an entity that owns communications transmission
19 facilities, is responsible for the operation and maintenance of those facilities, and holds
20 an operating license issued by the Federal Communications Commission under the
21 authority of Title III of the Communications Act of 1934;
22 (6) "Produce", to design, alter, authenticate, duplicate, or assemble;
23 (7) "Scanning receiver", a device or apparatus that can be used to intercept a
24 wire or electronic communication in violation of 18 U.S.C. Chapter 119 or to intercept
25 an electronic serial number, mobile identification number, or other identifier of any
26 telecommunications service, equipment, or instrument;
27 (8) "Telecommunication identifying information", electronic serial number or
28 any other number or signal that identifies a specific telecommunications instrument or
29 account, or a specific communication transmitted from a telecommunications
30 instrument;
31 (9) "Telecommunications service", has the same meaning as in Section 3 of Title
32 I of the Communications Act of 1934, 47 U.S.C. Section 153;
33 (10) "Traffic", to transfer, or otherwise dispose of to another, or obtain control
34 of with intent to transfer or dispose;
35 (11) "Unauthorized access device", any access device that is lost, stolen, expired,
36 revoked, canceled, or obtained with intent to defraud.
37 2. A person who:
38 (1) Knowingly and with intent to defraud produces, uses, or traffics in one or
39 more counterfeit access devices;
40 (2) Knowingly and with intent to defraud traffics in or uses one or more
41 unauthorized access devices and by such conduct obtains anything of value aggregating
42 one thousand dollars or more during every one-year period;
43 (3) Knowingly and with intent to defraud possesses fifteen or more counterfeit
44 access devices or unauthorized access devices;
45 (4) Knowingly and with intent to defraud or assist others in defrauding
46 produces, traffics in, has control or custody of, or possesses device-making equipment;
47 (5) Knowingly and with intent to defraud effects transactions with one or more
48 access devices issued to another person or persons to receive payment or any other thing
49 of value during any one-year period, the aggregate value of which is equal to or greater
50 than one thousand dollars;
51 (6) Without the authorization of the issuer of the access device, knowingly and
52 with intent to defraud solicits a person for the purpose of:
53 (a) Offering an access device; or
54 (b) Selling information regarding, or an application to obtain, an access device;
HB 3414 2

55 (7) Knowingly and with intent to defraud uses, produces, traffics in, has control
56 or custody of, or possesses a telecommunications instrument that has been modified or
57 altered to obtain unauthorized use of telecommunications services;
58 (8) Knowingly and with intent to defraud uses, produces, traffics in, has control
59 or custody of, or possesses a scanning receiver;
60 (9) Knowingly uses, produces, traffics in, h