West Virginia Code § 61-3C-13

Fraud and related activity in connection with access devices
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(a) As used in this section, the following terms shall have the following meanings:
(1) "Access device" means any card, plate, code, account number, or other means of account
access that can be used, alone or in conjunction with another access device, to obtain
money, goods, services, or any other thing of value, or that can be used to initiate a transfer
of funds (other than a transfer originated solely by paper instrument);
(2) "Counterfeit access device" means any access device that is counterfeit, fictitious,
altered, or forged, or an identifiable component of an access devuice or a counterfeit access
device;
(3) "Unauthorized access device" means any access device that is lost, stolen, expired,
revoked, canceled, or obtained without authority; a
(4) "Produce" includes design, alter, authenticate, lduplicate, or assemble;
(5) "Traffic" means transfer, or otherwise dispose of, to another, or obtain control of with
intent to transfer or dispose of.
(b) Any person who knowingly and willfully possesses any counterfeit or unauthorized access
device shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not
more than $1,000 or confined in the county jail for not more than six months, or both.
(c) Any person who knowLingly, willfully and with intent to defraud possesses a counterfeit or
unauthorized access device or who knowingly, willfully and with intent to defraud, uses,
produces or traffics i n any counterfeit or unauthorized access device shall be guilty of a
felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in
the penitentiary not more than ten years, or both.
(d) WThis section shall not prohibit any lawfully authorized investigative or protective activity
of any state, county or municipal law-enforcement agency.

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