A person is guilty of financial transaction card theft when he:
- (1) takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
- (2) receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
- (3) is not the issuer, and sells a financial transaction card or buys a financial transaction card from a person other than the issuer;
(4) is not the issuer, and during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3).
A person who commits financial transaction card theft is guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(b).