2025 Georgia Codes – Page 97

(a) It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales
drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card
sales draft knowing that the account number, routing number, or other information printed on such check,
draft, order, or debit card sales draft is in error, fictitious, or assigned to another account holder or financial
institution.
(b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than
$5,000.00 or by imprisonment for not less than one year nor more than five years, or both.

As used in this article, the term:
(1) “Acquirer” means a business organization, government, financial institution, or an agent of a business
organization, government, or financial institution that authorizes a merchant to accept payment by financial
transaction card for money, goods, services, or anything else of value.
(2) “Automated banking device” means any machine which when properly activated by a financial transac-
tion card and personal identification code may be used for any of the purposes for which a financial transac-
tion card may be used.
(3) “Cardholder” means the person, government, or organization to whom or for whose benefit the financial
transaction card is issued by an issuer.
(4) “Expired financial transaction card” means a financial transaction card which is no longer valid because
the term for which it was issued has elapsed.
(5) “Financial transaction card” or “FTC” means any instrument or device, whether known as a credit card,
credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued
with or without fee by an issuer for the use of the cardholder:
(A) In obtaining money, goods, services, or anything else of value;
(B) In certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit
that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such
person or business; or
(C) In providing the cardholder access to a demand deposit account, savings account, or time deposit
account for the purpose of:
(i) Making deposits of money or checks therein;
(ii) Withdrawing funds in the form of money, money orders, or traveler’s checks therefrom;
(iii) Transferring funds from any demand deposit account, savings account, or time deposit account to any
other demand deposit account, savings account, or time deposit account;
(iv) Transferring funds from any demand deposit account, savings account, or time deposit account to any
credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or
partial satisfaction of any outstanding balance owed existing therein;
(v) For the purchase of goods, services, or anything else of value; or
(vi) Obtaining information pertaining to any demand deposit account, savings account, or time deposit
account.
(5.1) “Financial transaction card account number” means a number, numerical code, alphabetical code, or
alphanumeric code assigned by the issuer to a particular financial transaction card and which identifies the
cardholder’s account with the issuer.
(5.2) “Government” means:
(A) Every state department, agency, board, bureau, commission, and authority;
(B) Every county, municipal corporation, school system, or other political subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county,
municipal corporation, school system, or other political subdivision of this state;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and
(E) Every locally elected clerk of superior court, judge of the probate court, sheriff, tax receiver, tax collec-
tor, or tax commissioner.
(6) “Issuer” means the business organization or financial institution or its duly authorized agent which issues
a financial transaction card.
(7) “Personal identification code” means a numeric or alphabetical code, signature, photograph, fingerprint,
or any other means of electronic or mechanical confirmation used by the cardholder of a financial transaction
card to permit authorized electronic use of that financial transaction card.
(8) “Presenting” means those actions taken by a cardholder or any person to introduce a financial transaction
card into an automated banking device with or without utilization of a personal identification code or merely
displaying or showing, with intent to defraud, a financial transaction card to the issuer or to any person or
organization providing money, goods, services, or anything else of value or to any other entity.
(8.1) “Purchasing card,” “PCard,” or “P-Card” means a type of financial transaction card allowing persons,
governments, or business organizations to use financial transaction infrastructure.
(9) “Receives” or “receiving” means acquiring possession of or control of or accepting a financial transaction
card as security for a loan.
(10) “Revoked financial transaction card” means a financial transaction card which is no longer valid because
permission to use it has been suspended or terminated by the issuer.

(a) A person commits the offense of financial transaction card theft when:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or
control of another without the cardholder’s consent; or who, with knowledge that it has been so taken,
obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it
to a person other than the issuer or the cardholder;
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a
mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it
or to transfer it to a person other than the issuer or the cardholder;
(3) He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a per-
son other than the issuer; or
(4) He, not being the issuer, during any 12 month period receives two or more financial transaction cards
in the names of persons which he has reason to know were taken or retained under circumstances which
constitute a violation of paragraph (3) of subsection (a) of Code Section 16-9-33 and paragraph (3) of this
subsection.
(b) Taking, obtaining, or withholding a financial transaction card without consent of the cardholder or issuer
is included in conduct defined in Code Section 16-8-2 as the offense of theft by taking.
(c) Conviction of the offense of financial transaction card theft is punishable as provided in subsection (b) of
Code Section 16-9-38.
(d) When a person has in his possession or under his control two or more financial transaction cards issued in
the names of persons other than members of his immediate family or without the consent of the cardholder,
such possession shall be prima-facie evidence that the financial transaction cards have been obtained in vio-
lation of subsection (a) of this Code section.