The “Single Taking” Rule

About a year since the COVID-19 pandemic began, an increasing number of businesses have transitioned to touchless and contactless payments, with the use of cash taking a backseat to debit and credit cards. Not coincidentally, with increased use of financial cards comes increased financial card theft. Credit card theft G.S. 14-113.9(a)(1) provides that a person is guilty of financial transaction card theft when the person takes, obtains or withholds a financial transaction card from the person, possession, custody or control of another without the cardholder's consent and with the intent to use it; 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. This is arguably the most common way we see credit or debit card theft occur—someone steals a purse or wallet that contains the victim’s cards and heads to the nearest Wal-Mart or Best Buy to purchase whatever their heart desires. As typical as the crime itself may seem, you may be surprised to learn how the crime is charged. If a perpetrator takes and uses a single card from a single victim, he is charged with one count of financial transaction card (and financial card fraud under G.S. 14-113.13, should perpetrator use the card). Let’s change the facts: what happens if the perpetrator takes several cards from one victim? What happens when the perpetrator takes one card [...]