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Old Apr 28, 2009 | 11:15 am
  #46  
chriswufgator
 
Join Date: Dec 2006
Location: Jacksonville, Florida
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Posts: 412
Originally Posted by NickW
That would be compelling if the law required it. But it doesn't. Nowhere. Who cares whether it's possible? I don't. Why do you?

Here's a sequence of events:

You take a blank white plastic card and make it up to look like an American Express card. You encode account details for your (legitimate) account onto that card. You use that card to buy a new TV.

Is this card a 'credit card' within the definition used by the Florida criminal statutes? No. It was not issued to you by American Express. You made it yourself.

Does it look like a 'credit card' though? It must do, because you convinced a store clerk to accept it as such. It's a facsimile of a credit card.

It's therefore a 'counterfeit card' under FL law. Your TV was more than $300. You are guilty of grand larceny.
Well, Nick, since you want to harp on your perception of this statute as strict liability, then I've got a better example for you...

Let's say it's a strict-liability crime in our jurisdiction to be found in possession of burglary tools after dusk.

So if I'm sneaking around your back yard with them, is it a crime?

If I'm sneaking around my own back yard with them, is it still a crime?

Spot any potential problems here?
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