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Stealing or Using Another's Financial Transaction Device, (credit card, atm card, bridge card) is a felony, that carries a maximum penalty of 4 years in the State Penitentiary.

If you have been charged with this crime, do not speak to the police and do not delay!

Call us at 248-676-2233 NOW, and speak with an experienced criminal defense attorney.

CJI2d 30.3 Michigan Criminal Jury Instructions - Elements of the Crime

Stealing, Removing, or Hiding Another's Financial Transaction Device Without Consent

(1) The defendant is charged with the crime of [taking / stealing / removing / retaining / hiding / possessing / using] someone else's [name financial transaction device] without that person's consent. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [obtained possession of / retained / hid / used] [name device].

(3) Second, that the defendant did this knowingly.

(4) Third, that the defendant did this without [name deviceholder]'s consent.

(5) Fourth, that the defendant intended to defraud or cheat someone.

CJI2d 30.1

Definition of Deviceholder

"Deviceholder" means a person [or organization] who asks for and is issued a [name financial transaction device]. ["Deviceholder" also means a person (or organization) who uses or accepts a (name device), whether or not the (name device) was asked for.]

CJI2d 30.2

Definition of Financial Transaction Device

(1) A financial transaction device means any of the following:

(2) An electronic funds transfer card, such as an automatic teller machine card.

(3) A credit card.[*]

(4) A debit card.

(5) A point-of-sale card.

(6) Any instrument, code number, personal identification number, means of access to a credit or deposit account, or a driver's license or identification card [other than a piece of paper] that can be used, either alone or with another device, to

(a) obtain money, cash, credit, goods, services, or anything else of value;

(b) certify or guarantee that the deviceholder has available funds on deposit to honor a draft or check; or

(c) provide the deviceholder with access to an account in order to deposit, withdraw, or transfer funds or obtain information about a deposit account.

750.157n Stealing, taking, or removing financial transaction device; possession of fraudulent or altered financial transaction device.

(1) A person who steals knowingly takes, or knowingly removes a financial transaction device from the person or possession of a deviceholder, or who knowingly retains, knowingly possesses, knowingly secretes, or knowingly uses a financial transaction device without the consent of the deviceholder, is guilty of a felony.

(2) A person who knowingly possesses a fraudulent or altered financial transaction device is guilty of a felony.

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