Okla. Stat. tit. 21 § 1550.27

Current through Laws 2024, c. 378.
Section 1550.27 - [Effective 11/1/2024] False making or embossing of credit or debit card
A. A person, with intent to defraud:
1. A purported issuer;
2. A person or organization providing money, goods, services or anything else of value; or
3. Any other person,

who falsely makes , clones, or alters a purported credit , debit, or similar card containing a magnetic stripe capable of storing data, in any form, either physically or digitally, from what the original issuer placed on the card or utters such a card is guilty of a felony.

B.
1. A person other than the purported issuer who possesses any credit , debit, or similar card containing a magnetic stripe capable of storing data, which is falsely made , cloned, or altered in any form, either physically or digitally from what the issuer routinely incorporates, is presumed to have violated this section.
2. The possession of three or more credit, debit, or similar cards containing magnetic stripes capable of storing data containing cloned or altered data simultaneously shall create a rebuttable presumption that the person is possessing such cards with the intent to defraud, for purposes of this section.
C. A person "falsely makes" a credit , debit, or similar card containing a magnetic stripe capable of storing data when the person marks, alters, or stores information in whole or in part, in a physical or digital format, on a device or instrument which can function as a credit , debit, or similar card of an issuer but which is not such a card because the issuer did not authorize the marks, alterations, or stored information, or when the person alters a credit, debit, or similar card containing a magnetic stripe capable of storing data which was originally authorized and issued, including, but not limited to, when a person manipulates information included on an electronic magnetic stripe or chip contained on a card.
D.

A person in violation of the provisions of this section, while in possession of:

1. Five or fewer falsely made cards shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years and not more than five (5) years, and by a fine not to exceed Five Thousand Dollars ($5,000.00);
2. Six or more but less than twenty (20) falsely made cards shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years and not more than ten (10) years, and by a fine not to exceed Ten Thousand Dollars ($10,000.00); and
3. Twenty or more falsely made cards shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than ten (10) years and not more than twenty (20) years, and by a fine not to exceed One Hundred Thousand Dollars ($100,000.00).

Okla. Stat. tit. 21, § 1550.27

Amended by Laws 2024, c. 248,s. 1, eff. 11/1/2024.
Amended by Laws 2016 , c. 221, s. 8, eff. 11/1/2016.
Laws 1970, SB 587, c. 258, § 7; Amended by Laws 1971, SB 319, c. 307, § 5, emerg. eff. 6/19/1971; Amended by Laws 1981, SB 179, c. 86, § 9, emerg. eff. 4/20/1981.
This section is set out more than once due to postponed, multiple, or conflicting amendments.