TCA code 39-14-118 defines the crime of illegal possession of a credit or debit card within the state of Tennessee. This statute is part of Tennessee's broader criminal offenses code, specifically addressing fraudulent activities related to financial instruments.
Understanding TCA 39-14-118: Illegal Possession of Credit or Debit Card
Under Tennessee Code Annotated (TCA) 39-14-118, an individual commits this crime if they knowingly take, exercise control over, or otherwise use a credit card, a debit card, or information derived from such a card, without the consent of the legitimate owner or the issuer of the card. This law is crucial for prosecuting various forms of financial fraud and unauthorized card usage.
Key Components of the Offense:
To establish a violation of TCA 39-14-118, several critical elements must be present, as outlined in the statute:
| Element | Description |
|---|---|
| Prohibited Act | Taking, exercising control over, or using |
| Item Involved | A credit card, a debit card, or information obtained from such a card |
| Mental State | The person must act knowingly, meaning they are aware they do not have the required consent. |
| Consent Status | The act must occur without the consent of the card's owner or the card's issuer. |
Practical Implications and Examples
This statute targets a wide range of unauthorized card activities, not just physical theft. Here are some examples to illustrate its application:
- Physical Theft and Use: If someone steals your wallet and then uses your credit card to make a purchase, they have committed illegal possession.
- Information Theft: If an individual obtains your credit card number, expiration date, and security code (e.g., through a data breach or phishing scam) and uses that information to make online purchases without your permission, they are in violation of this statute.
- Unauthorized Use of a Found Card: Discovering a lost debit card and using it to withdraw cash from an ATM, knowing it is not yours and you do not have the owner's permission, falls under this offense.
- Employee Misuse: An employee who uses a company credit card for personal expenses without authorization from the company (the owner/issuer) could be charged under this code.
The statute's inclusion of "information from that card" is particularly important in the digital age, as it covers scenarios where no physical card changes hands but card data is illicitly acquired and used. This broad scope helps law enforcement combat sophisticated financial fraud schemes.
Legal Context
TCA 39-14-118 is part of Tennessee Code Title 39. Criminal Offenses, which encompasses various crimes against property and public order. Violations of this statute can lead to serious legal consequences, including felony charges, depending on the value of the property or services obtained and the specific circumstances of the offense. It serves as a vital tool for protecting individuals and financial institutions from the financial harm caused by unauthorized credit and debit card use.
