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SECOND REGULAR SESSION
HOUSE BILL NO. 3414
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE REUTER.
7224H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 407, RSMo, by adding thereto two new sections relating to fraudulent
activities, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 407.1505 and 407.1510, to read as follows:
407.1505. 1. For purposes of this section, unless the context pr ovides otherwise,
2 the following terms mean:
3 (1) "Access device", any card, plate, code, account number , electr onic serial
4 number , mobile identification number , personal identification number; other
5 telecommunications service, equipment, or instrument identifier; or other means of
6 account access that can be used alone, or in conjunction with another access device, to
7 obtain moneys, goods, services, or any other thing of value, or that can be used to
8 initiate a transfer of funds, other than a transfer originated solely by paper instrument;
9 (2) "Counterfeit access device", any access device that is counterfeit, fictitious,
10 alter ed, or forged, or an identifiable component of an access device or a counterfeit
11 access device;
12 (3) "Credit card system member", a financial institution or other entity that is a
13 member of a credit card system, including an entity whether affiliated with or identical
14 to the cred it card issuer , that is the sole member of a cred it card system;
15 (4) "Device-making equipment", any equipment, mechanism, or impres sion
16 designed for or primarily used for making an access device or a counterfeit access
17 device;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (5) "Facilities-based carrier", an entity that owns communications transmission
19 facilities, is r esponsible for the operation and maintenance of those facilities, and holds
20 an operating license issued by the Federal Communications Commission under the
21 authority of T itle III of the Communications Act of 1934;
22 (6) "Prod uce", to design, alter , authenticate, duplicate, or assemble;
23 (7) "Scanning receiv er", a device or apparatus that can be used to intercept a
24 wir e or electr onic communication in violation of 18 U.S.C. Chapter 1 19 or to intercept
25 an electr onic serial number , mobile identification number , or other identifier of any
26 telecommunications service, equipment, or instrument;
27 (8) "T elecommunication identifying information", electr onic serial number or
28 any other number or signal that identifies a specific telecommunications instrument or
29 account, or a specific communication transmitted fr om a telecommunications
3 0 instrument;
31 (9) "T elecommunications service", has the same meaning as in Section 3 of T itle
32 I of the Communications Act of 1934, 47 U.S.C. Section 153;
33 (10) "T raffic", to transfer , or otherwise dispose of to another , or obtain contr ol
34 of with intent to transfer or dispose;
35 (1 1) "Unauthorized access device", any access device that is lost, stolen, expir ed,
36 r evoked, canceled, or obtained with intent to defraud.
37 2. A person who:
38 (1) Knowingly and with intent to defraud prod uces, uses, or traffics in one or
39 mor e counterfeit access devices;
40 (2) Knowingly and with intent to defraud traffics in or uses one or mor e
41 unauthorized access devices and by such conduct obtains anything of value aggre gating
42 one thousand dollars or mor e during every one-year period;
43 (3) Knowingly and with intent to defraud possesses fifteen or mor e counterfeit
44 access devices or unauthorized access devices;
45 (4) Knowingly and with intent to defraud or assist others in defrauding
46 pr oduces, traffics in, has contro l or custody of, or possesses device-making equipment;
47 (5) Knowingly and with intent to defraud effects transactions with one or mor e
48 access devices issued to another person or persons to recei ve payment or any other thing
49 of value during any one-year period, the aggr egate value of which is equal to or great er
50 than one thousand dollars;
51 (6) Withou t the authorization of the issuer of the access device, knowingly and
52 with intent to defraud solicits a person for the purpose of:
53 (a) Offering an access device; or
54 (b) Selling information regard ing, or an application to obtain, an access device;
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55 (7) Knowingly and with intent to defraud uses, pr oduces, traffics in, has contr ol
56 or custody of, or possesses a telecommunications instrument that has been modified or
57 alter ed to obtain unauthorized use of telecommunications services;
58 (8) Knowingly and with intent to defraud uses, pr oduces, traffics in, has contr ol
59 or custody of, or possesses a scanning rece iver;
60 (9) Knowingly uses, pro duces, traffics in, has control or custody of, or possesses
61 hardwar e or softwar e knowing it has been configur ed to insert or modify
6 2 telecommunication identifying information associated with or contained in a
6 3 telecommunications instrument so that such instrument may be used to obtain
64 telecommunications service without authorization; or
65 (10) W ithout the authorization of the cred it card system member or its agent,
66 knowingly and with intent to defraud, causes or arranges for another person to present
67 to the member or its agent for payment one or mor e records of transactions made by an
68 access device
69
70 shall be punished as pr ovided in subsection 4 of this section.
71 3. (1) A person who attempts to commit a violation under subsection 2 of this
72 section shall be subject to the same penalties as those pr escribed for the violation
73 attempted.
74 (2) A person who is a party to a conspiracy of two or mor e persons to commit a
75 violation under subsection 2 of this section, if any of the parties engages in any conduct
76 in furtherance of such violation, shall be fined an amount not gr eater than the amount
77 pr ovided as the maximum fine for such violation under subsection 4 of this section, or
78 imprisoned not longer than one-half the period provi ded as the maximum imprisonment
79 for such violation under subsection 4 of this section, or both.
80 4. (1) The punishment for a violation under subsection 2 of this section is as
81 follows:
82 (a) For the first violation under subdivision (1), (2), (3), (6), (7), or (10) of
83 subsection 2 of this section, a fine under this section or imprisonment for not mor e than
84 ten years, or both; and
85 (b) For the first violation under subdivision (4), (5), (8), or (9) of subsection 2 of
86 this section, a fine under this section or imprisonment for not mor e than fifteen years, or
87 both.
88 (2) The punishment for a second or subsequent violation under subsection 2 of
89 this section shall be a fine under this section or imprisonment for not mor e than twenty
90 years, or both.
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91 (3) For any violation under subdivision (1) or (2) of subsection 2 of this section,
92 any personal pr operty used or intended to be used to commit the violation shall be
93 forfeited to the state of Missouri.
94 (4) The forfeitur e of pr operty under this subsection, including any seizur e and
95 disposition of the pr operty and any relat ed administrative and judicial pr oceeding, shall
96 be governed by sections 513.600 to 513.660.
97 5. The Missouri attorney general is authorized to investigate all violations under
98 this section and shall have all the powers and authority under sections 407.005 to
99 407.145. The attorney general shall enforce the pro visions of this section and shall bring
100 necessary actions for violations of this section.
101 6. This section does not pr ohibit any lawfully authorized investigative,
102 pr otective, or intelligence activity of a law enforcem ent agency of the United States,
103 the state of Missouri, or a political subdivision of this state.
104 7. (1) It is not a violation of subdivision (9) of subsection 2 of this section for an
105 officer , employee, or agent of or a person engaged in business with a facilities-based
106 carrier to engage in conduct, other than trafficking, otherwise pr ohibited by subsection
107 2 of this section for the purpose of pr otecting the pr operty or legal rights of that carrier
108 unless such conduct is for the purpose of obtaining telecommunications service pr ovided
109 by another facilities-based carrier without the authorization of such carrier .
110 (2) In a prosecution for a violation of subdivision (9) of subsection 2 of this
111 section, other than a violation consisting of pro ducing or trafficking, it shall be an
112 affirmative defense that the defendant shall establish by a pr eponderance of the
113 evidence that the conduct charged was engaged in for res earch or development in
114 connection with a lawful purpose.
115 8. Any person who, outside the jurisdiction of this state, engages in any act that if
116 committed within the jurisdiction of this state would constitute a violation under
117 subsection 2 or 3 of this section shall be subject to the fines, penalties, imprisonment,
118 and forfeitur e pr ovided under this section if the offense involves an access device issued,
119 owned, managed, or control led by a financial institution, account issuer , cred it card
120 system member , or other entity organized under the laws of this state.
407.1510. 1. Any person who having devised, or intending to devise, any scheme
2 or artifice to defraud or for obtaining moneys or prop erty by means of false or
3 fraudulent pr etenses, repr esentations, or pr omises transmits or causes to be transmitted
4 by means of wir e, radio, or television communication in interstate or for eign commer ce
5 any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme
6 or artifice shall be fined not mor e than two hundred fifty thousand dollars or
7 imprisoned for not mor e than five years, or both. If the violation affects a financial
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8 institution, such person shall be fined not mor e than one million dollars or imprisoned
9 not mor e than thirty years, or both.
10 2. For the purposes of this section, the term "scheme or artifice to defraud"
11 includes a scheme or artifice to deprive another of the intangible right of honest services.
✔
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