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 for those who possess, use, produce, or traffic in such devices with intent to defraud. The penalties for this offense will now align with the value limitations set forth in W. Va. Code § 61-3-13, which means that the sentence will be determined based on the aggregate value of the criminal act rather than individual transactions.

Additionally, the bill specifies that the aggregate value for sentencing will include all transactions from the use of multiple access devices attributed to a single victim, whether they are counterfeit or unauthorized. This change aims to ensure that the total value of the larceny is accurately calculated for sentencing purposes. The bill also clarifies that it does not prohibit lawful investigative or protective activities by law enforcement agencies. Overall, the proposed amendments seek to enhance the legal framework surrounding access device fraud and ensure appropriate penalties based on the severity of the offense.

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