Back to Wyoming

SF0139 • 2023

Unlawful use of a charge card or debit card.

AN ACT relating to crimes and offenses; expanding the offense of unlawful use of a credit card to include a charge card and debit card; providing definitions; providing penalties; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Kolb
Last action
2023-02-21
Official status
enrolled
Effective date
7/1/2023

Plain English Breakdown

The official source material did not provide information on how the act will be enforced or whether it addresses issues like identity theft, leaving those points as unknowns.

Expanding Laws on Unlawful Use of Charge Cards and Debit Cards

This law makes it illegal to use someone else's charge card or debit card without permission, just like using a credit card is already illegal.

What This Bill Does

  • Adds charge cards and debit cards to the list of items that can't be used fraudulently.
  • Defines what a charge card and a debit card are in legal terms.
  • Sets penalties for people who use someone else's charge card or debit card without permission, knowing it has been revoked, cancelled, or expired, or knowingly using a falsified, mutilated, or altered card.

Who It Names or Affects

  • People who commit fraud with charge cards or debit cards will be punished according to this new law.
  • Business organizations that issue charge cards or debit cards are affected by the definitions provided in the act.

Terms To Know

Charge card
An identification card or device issued by a business organization authorizing the person to whom it is issued to purchase or obtain property or services on credit for which the balance of the card must be paid when a statement is issued.
Debit card
An identification card or device issued by a business organization with or without fee for the use of a person to withdraw funds or obtain property or services, payment of which is made against funds previously deposited in an account with the issuer of the identification card or device.

Limits and Unknowns

  • The law only applies to unlawful use and does not cover other aspects of credit, charge cards, or debit card usage.
  • It is unclear how this act will be enforced in practice by law enforcement agencies.

Bill History

  1. 2023-02-21 LSO

    Assigned Chapter Number 56

  2. 2023-02-21 Governor

    Governor Signed SEA No. 0032

  3. 2023-02-16 House

    H Speaker Signed SEA No. 0032

  4. 2023-02-16 Senate

    S President Signed SEA No. 0032

  5. 2023-02-16 LSO

    Assigned Number SEA No. 0032

  6. 2023-02-16 House

    H 3rd Reading:Passed 62-0-0-0-0

  7. 2023-02-15 House

    H 2nd Reading:Passed

  8. 2023-02-14 House

    H COW:Passed

  9. 2023-02-13 House

    H Placed on General File

  10. 2023-02-13 House

    H09 - Minerals:Recommend Do Pass 9-0-0-0-0

  11. 2023-02-09 House

    H Introduced and Referred to H09 - Minerals

  12. 2023-02-02 House

    H Received for Introduction

  13. 2023-02-02 Senate

    S 3rd Reading:Passed 31-0-0-0-0

  14. 2023-02-01 Senate

    S 2nd Reading:Passed

  15. 2023-01-31 Senate

    S COW:Passed

  16. 2023-01-31 Senate

    S Placed on General File

  17. 2023-01-31 Senate

    S08 - Transportation:Recommend Do Pass 5-0-0-0-0

  18. 2023-01-26 Senate

    :Refer to S08 - Transportation

  19. 2023-01-20 Senate

    S Introduced and Referred to S07 - Corporations

  20. 2023-01-19 Senate

    S Received for Introduction

  21. 2023-01-18 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0644
Bill No.:

SF0139

Effective:

7/1/2023

LSO No.:

23LSO-0644

Enrolled Act No.:

SEA No. 0032

Chapter No.:

56

Prime Sponsor:

Kolb

Catch Title:

Unlawful use of a charge card or debit card.

Subject:

Expands the offense of unlawful use of a credit card to include charge cards and debit cards.

Summary/Major Elements:

This act incorporates charge cards and debit cards into the existing criminal offense of unlawful use of a credit card together with the associated penalties. A person is guilty of this offense if the person uses a credit card, charge card or debit card to obtain property or services and that person:
Uses a card of another person without their consent;
Uses a card that the person knows has been revoked, cancelled or expired; or
Knowingly uses a card that is falsified, mutilated or altered.

This act also provides definitions for the terms "charge card" and "debit card" as used in the statutory provisions of the criminal offense.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
23LSO-0644

ORIGINAL Senate

File No
.
SF0139

ENROLLED ACT NO. 32,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to crimes and offenses; expanding the offense of unlawful use of a credit card to include a charge card and debit card; providing definitions; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
‑
3
‑
801(a) by creating new paragraphs (ii) and (iii) and 6
‑
3
‑
802(a) and (b)(intro) are amended to read:

ARTICLE 8
CREDIT CARD, CHARGE CARD AND DEBIT CARD FRAUD

6
‑
3
‑
801.

Definitions.

(a)

As used in this article:

(ii)

"Charge card" means an identification card or device issued by a business organization authorizing the person to whom issued to purchase or obtain property or services on credit for which the balance of the card must be paid when a statement is issued;

(iii)

"Debit card" means an identification card or device issued by a business organization with or without fee for the use of a person to withdraw funds or obtain property or services, payment of which is made against funds previously deposited in an account with the issuer of the identification card or device.

6
‑
3
‑
802.

Unlawful use of credit card, charge card or debit card; penalties.

(a)

A person is guilty of unlawful use of a credit card
, charge card or debit card
if, with the intent to obtain property or services by fraud, he:

(i)

Uses a credit card
, charge card or debit card
, or the number or description of a credit card
, charge card or debit card
, issued to another person without the consent of that person;

(ii)

Uses a credit card
, charge card or debit card
which he knows has been revoked, cancelled or expired; or

(iii)

Knowingly uses a falsified, mutilated or altered credit card
, charge card, debit card
or the number or description thereof.

(b)

Unlawful use of a credit card
, charge card or debit card
is:

Section 2
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1