13-2316.01. Unlawful possession of an access device; classification

A. A person commits unlawful possession of an access device by knowingly possessing, trafficking in, publishing or controlling an access device without the consent of the issuer, owner or authorized user and with the intent to use or distribute that access device.

B. The possession, trafficking, publishing or control of five or more access devices without the consent of the issuer, owner or authorized user may give rise to an inference that the person possessing, trafficking in, publishing or controlling the access devices intended to use or distribute the devices.

C. Unlawful possession of one hundred or more access devices is a class 4 felony.  Unlawful possession of five or more but fewer than one hundred access devices is a class 5 felony.  Unlawful possession of fewer than five access devices is a class 6 felony.