CHAPTER 453

An Act to amend and reenact § 18.1-119.1 of the Code of Virginia, relating
to obtaining goods, property or services by fraudulent use of credit
cards or other false and fraudulent means, and providing penalties

therefor.
[H 398]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That § 18.1-119.1 of the Code of Virginia be amended and reenacted
as follows:

§ 18.1-119.1. (a) 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 counter-
feit 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 beyond or 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in any case where such card, number or device has been revoked and notice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.

(b) It shall be unlawful for any person to obtain or attempt to
obtain, by the use of any scheme, device, means or method, telephone or
telegraph service or the transmission of a message, signal or other
communication by telephone or telegraph, or over telephone or telegraph
facilities with intent to avoid payment of lawful charges therefor.

_ . (b-1) The word “person” as used in this section shall mean an in-
dividual, whether or not of legal age, or a copartnership or an association
or a corporation, and any employee, agent, director or officer thereof.

(b-2) The words “credit card”, “credit number’ and “credit device”
as used in paragraph (a) hereof shall mean any identification card or
number, or other identification device, or any document, plate, coupon
or book, issued or given to any person who has requested or applied for
the same by a person engaged in business so as to enable or assist such
former person, or any person in possession of the same with the consent
of such former person, to obtain or purchase on credit, or to attempt to
obtain or purchase on credit money, goods, personal property or services,
whether or not such credit would be extended without the use, presenta-
pg or exhibition of such card, number, device, document, plate, coupon
or book.

(c) The word “notice” as used in paragraph (a) hereof shall be
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 known address, requiring delivery to the addressee only
with return receipt requested; and the actual signing of the receipt for
said mail by the addressee, shall be prima facie evidence that such notice
was duly received.

) Any person who violates any provisions of this section shall,
if the value of service, purchase, credit or benefit procured is fifty dollars
or more, be deemed guilty of a felony and upon conviction thereof be
confined in the penitentiary not less than one nor more than ten years,
or be confined in jail not exceeding one year, or be fined not exceeding
five hundred dollars, either or both, or if the value be less than fifty
dollars, be deemed guilty of a misdemeanor and be fined not more than
five hundred dollars or confined in jail not more than six months.