Criminal Credit or Debit Card Abuse

By Collin County Criminal Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

It’s not a crime to be irresponsible with your credit cards.  It is a crime to use someone else’s credit card without their consent.

Credit or debit card abuse is defined by Texas Penal Code 32.31 which holds, in part, beginning in subsection (b);

(b)  A person commits an offense if:

(1)  with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A)  the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B)  the card has expired or has been revoked or cancelled;

The code lists out several other ways credit or debit card abuse can be committed other than just using someone else’s credit card.  Other examples include using fictitious credit cards, possessing someone else’s credit card without their consent with intent to use it, or buying or selling credit or debit cards (unless, of course, you are the issuer).  You can read the entire statute here to see the full list of violations.

Credit or debit card abuse is a state jail felony unless it is committed against someone over the age of 65, in which case it is a third degree felony.

*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas.  Nothing in this article is intended to be legal advice.  For legal advice about any situation, you should contact an attorney directly.

 

 

One Response to Criminal Credit or Debit Card Abuse

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: