This bill amends West Virginia Code 61-3C-13, which addresses fraud and related activities involving access devices. It introduces a new penalty structure for individuals who knowingly and willfully possess counterfeit or unauthorized access devices. Specifically, the bill changes the classification of the offense from a misdemeanor to a larceny charge, with penalties aligned to the value of the criminal act as outlined in W. Va. Code 61-3-13. The bill stipulates that the value of the use of the access device will be calculated in the aggregate, rather than for each individual use, and establishes that the total value of transactions from multiple access devices attributed to a single victim will be considered in determining the larceny value.

Additionally, the bill clarifies that the penalties for these offenses will be consistent with those for larceny, including potential fines and imprisonment based on the aggregate value of the fraudulent activities. It also ensures that lawful investigative or protective activities by law enforcement agencies are not prohibited by this section. Overall, the bill aims to strengthen the legal framework surrounding access device fraud by aligning penalties with the severity of the crime and providing clearer guidelines for calculating the value of offenses.

Statutes affected:
Introduced Version: 61-3C-13