Mass. Gen. Laws ch. 266, sec. 37B — MA Code / Part IV / Title I / Chapter 266 / Section 37B
Misuse of credit cards; penalties; multiple possession, presumption; arrest
Status: in_force

Section 37B. Whoever, with intent to defraud, (a) makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, or his financial condition or that of any other person, for the purpose of procuring the issuance of a credit card, or (b) takes a credit card from the person, possession, custody or control of another without the cardholder's consent by any conduct which would constitute larceny, or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or cardholder, or (c) receives a credit 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 or to sell it or to transfer it to a person other than the issuer or the cardholder, or (d) being a person other than the issuer or his authorized agent, sells a credit card, or buys a credit card from a person other than the issuer or his authorized agent, or (e) being a person other than the cardholder or a person authorized by him, signs a credit card, or (f) uses, for the purpose of obtaining money, goods, services or anything else of value, a credit card obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked, where the value of money, goods or services obtained in violation of this section is not in excess of $1,200, or (g) obtains money, goods, 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 is not in excess of $1,200, or (h) 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 employees of such person, furnishes money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked where the value of the goods or services obtained is not in excess of $1,200, or (i) being a person who is 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, 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 does not exceed $1,200, or (j) receives money, goods, services or anything else of value obtained in violation of clauses (f) to (i), inclusive, or (k) makes a false statement in reporting a credit card to be lost or stolen, shall be punished by a fine of not more than $2,500 or by imprisonment in a jail or house of correction for not more than one year or both. Whoever has in his possession or under his control stolen credit cards issued in the names of four or more other persons shall be presumed to have violated clause (b). 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.

Section 37B. Whoever, with intent to defraud, (a) makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, or his financial condition or that of any other person, for the purpose of procuring the issuance of a credit card, or (b) takes a credit card from the person, possession, custody or control of another without the cardholder's consent by any conduct which would constitute larceny, or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or cardholder, or (c) receives a credit 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 or to sell it or to transfer it to a person other than the issuer or the cardholder, or (d) being a person other than the issuer or his authorized agent, sells a credit card, or buys a credit card from a person other than the issuer or his authorized agent, or (e) being a person other than the cardholder or a person authorized by him, signs a credit card, or (f) uses, for the purpose of obtaining money, goods, services or anything else of value, a credit card obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked, where the value of money, goods or services obtained in violation of this section is not in excess of $1,200, or (g) obtains money, goods, 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 is not in excess of $1,200, or (h) 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 employees of such person, furnishes money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked where the value of the goods or services obtained is not in excess of $1,200, or (i) being a person who is 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, 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 does not exceed $1,200, or (j) receives money, goods, services or anything else of value obtained in violation of clauses (f) to (i), inclusive, or (k) makes a false statement in reporting a credit card to be lost or stolen, shall be punished by a fine of not more than $2,500 or by imprisonment in a jail or house of correction for not more than one year or both.

Whoever has in his possession or under his control stolen credit cards issued in the names of four or more other persons shall be presumed to have violated clause (b).

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.