533.11 CREDIT CARD FRAUD.
   (a)   No person shall knowingly obtain or attempt to obtain, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious or counterfeit 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credit card, telephone number, credit number or other credit device in any case where such card, number or device has been revoked and notice of revocation has been given to the person to whom issued.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)   No person shall knowingly obtain or attempt to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph facilities with intent to avoid payment of charges thereof.
   (c)   The word "notice" as used in subsection (a) hereof shall be construed to include either notice given in person or 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, shall be prima facie evidence that such notice was duly received.
   (d)   Any person who violates any provision of this section shall, if the credit, goods, property, service or transmission be of the value of less than one hundred dollars ($100.00), be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in jail not exceeding thirty days, or by a fine not to exceed five hundred dollars ($500.00), or, in the discretion of the court, by both such imprisonment and fine. Any person convicted of an attempt to commit an offense under the provisions of this section shall be punished by imprisonment not to exceed thirty days in jail or by a fine of not more than three hundred dollars ($300.00), or, in the discretion of the court, by both such imprisonment and fine, being guilty of a misdemeanor and convicted thereof.
(Passed 5-9-85)