Canadian Criminal Sentencing/Offences/Theft and Forgery of a Credit Card
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Theft, forgery, etc., of credit card
342. (1) Every person who
is guilty of
- (a) steals a credit card,
- (b) forges or falsifies a credit card,
- (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
- (i) by the commission in Canada of an offence, or
- (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence,
- (d) uses a credit card knowing that it has been revoked or cancelled,
- (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
- (f) an offence punishable on summary conviction.
Unauthorized use of credit card data
(3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
- (b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 342; R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F); 1997, c. 18, s. 16; 2009, c. 28, s. 4.
- R v Kanagaratnam, 2011 MBPC 72 -- 14 months -- credit card fraud
- R. v. Zhang, 2008 BCSC 674 - discharge