Financial transaction card offenses -- Unauthorized factoring of credit card sales drafts

(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits an unauthorized factoring of credit card sales draft if the actor acts: (a) knowingly, with intent to defraud; (b) without the express authorization of the issuer; and (c) to employ, solicit, or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant himself or herself, to present any credit card sales draft to the issuer: (i) for payment pertaining to any sale or purported sale of goods or services; and (ii) the sale or purported sale was not made by the authorized credit card merchant in the ordinary course of business. (3) (a) A violation of Subsection (2) is: (i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500; (ii) a class A misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500; (iii) a third degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500 but is less than $5,000; or (iv) a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000. (b) Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations. (4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime. (5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation. (6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.