This bill amends West Virginia Code 61-3C-13, which addresses fraud and related activities involving access devices. It introduces a new penalty structure that aligns with the value limitations set forth in W. Va. Code 61-3-13. Specifically, the bill reclassifies the offense of knowingly possessing counterfeit or unauthorized access devices from a misdemeanor to a more serious charge, while also establishing that individuals who possess, use, produce, or traffic in these devices with intent to defraud will be guilty of larceny. The penalties for these offenses will now be determined based on the aggregate value of the criminal acts rather than on a per-use basis.

Additionally, the bill clarifies that when calculating the aggregate value for sentencing, all transactions involving multiple access devices linked to a single victim will be considered. This change aims to ensure that the total value of the larceny reflects the cumulative impact of the fraudulent activities. The bill also maintains that lawful investigative activities by law enforcement agencies are not prohibited under this section. Overall, the proposed amendments seek to enhance the legal framework surrounding access device fraud and ensure that penalties are appropriately aligned with the severity of the offenses.

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