Scott v. Commonwealth

Summary

The Supreme Court of Virginia considered whether Virginia Code § 18.2-192(1)(a) requires proof of specific intent to use, sell, or transfer a credit card when the defendant unlawfully takes it from the cardholder. The court held that the statute creates two distinct offenses and that credit card theft under the first prong is a general-intent crime completed upon the unlawful taking. The court affirmed the Court of Appeals and Scott’s credit card theft conviction.

Holdings

1. The specific-intent requirement to use, sell, or transfer a credit card applies only to the second prong of Code § 18.2-192(1)(a), which concerns knowingly receiving a stolen credit card; it does not apply to the first prong, which prohibits taking, obtaining, or withholding a credit card without the cardholder's consent.
2. Credit card theft under the first prong of Code § 18.2-192(1)(a) is a general-intent crime completed when the credit card or credit card number is unlawfully taken from its rightful owner.

Questions Presented

1. Whether Code § 18.2-192(1)(a) requires proof of specific intent to use, sell, or transfer a credit card when the defendant is prosecuted under the statute's first prong for taking, obtaining, or withholding the card without the cardholder's consent.
2. Whether credit card theft under the first prong of Code § 18.2-192(1)(a) is a general-intent crime completed upon the unlawful taking.

Disposition

affirmed