Mass. General Laws c.266 § 37C

Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards, multiple possession, presumption; arrest

Updates

• Amended by St.1971, c. 90, § 2
• Amended by St.1987, c. 468, § 3
• Amended by St.2018, c. 69, § 143-144, effective April 13, 2018

Section 37C

Whoever, with intent to defraud, (a) obtains control over a credit card as security for debt, or (b) receives a credit card which he knows was taken or retained under circumstances which constitute credit card theft or a violation of clauses (a) or (d) of section thirty-seven B or clause (a) of this section, or (c) falsely makes or falsely embosses a purported credit card or utters such a credit card, or (d) obtains money, goods, services or anything else of value by use of a credit card obtained or retained in violation of clauses (b) to (e), inclusive, of section thirty-seven B, or by use of a credit card which he knows is forged, expired or revoked, where the value of the money, goods or services obtained in violation of this section is in excess of $1,200, or (e) obtains money, goods or services or anything else of value by representing without the consent of the cardholder that he is said cardholder or by representing that he is the holder of a card and such card has not in fact been issued, where the value of money, goods or services obtained in violation of this section is in excess of $1,200, or (f) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained in violation of subsections (b) to (e), inclusive, of section thirty-seven B, or a credit card which he knows is forged, expired or revoked, when the value of the money, goods or services obtained is in excess of $1,200, or (g) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder or any agent or employee of such person, fails to furnish money, goods or services or anything else of value which he represents in writing to the issuer that he has furnished, and the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished exceeds $1,200, or (h) receives money, goods, services or anything else of value obtained in violation of subsections (f) or (g) of section thirty-seven B, or (i) possesses one or more incomplete credit cards, intending to complete them without the consent of the issuer, or (j) possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, shall be punished by a fine of not more than $10,000, or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.

Whoever has in his possession or under his control four or more credit cards which are falsely embossed shall be presumed to have violated clause (c).

Whoever is discovered by a police officer in the act of violating this section, while such officer is lawfully at or within the place where such violation occurs, may be arrested without a warrant by such police officer.

Last updated:	May 28, 2019