Illinois Credit Card Fraud Laws

Overview of Illinois Credit Card Fraud Laws

In contemporary society, credit cards and debit cards are just about everywhere -- people often have multiple cards of one or both varieties and use them on purchases ranging from "everyday" (such as food or gas) to expensive or atypical acquisitions. Just as consumers' purchases of goods and services on credit are steadily on the rise, so too is the widespread nature of fraudulent activities associated with credit cards and debit cards. The Illinois Criminal Code of 1961 prohibits and penalizes a wide array of crimes stemming from the wrongful possession, sale or use of a credit card or debit card. The statute specifically prohibits the following crimes involving a credit card or debit card:

The making of a false statement to procure a credit or debit card. The statement must be in writing, known by the defendant to be false, and made with the intent that it will be relied on in procuring the credit or debit card.
Possession of another's credit or debit card. The possession must be without the cardholder's consent; or, knowing that it has been so acquired, the defendant receives the credit card or debit card with the intent to use, sell, or transfer it to a third person.
Possession of a lost or mislaid credit or debit card. The defendant must know that the card was lost or mislaid and thereafter retain possession of it with the intent to use, sell, or transfer it to a third person.
Sale or purchase of a credit or debit card. The sale or purchase of the card must be without the issuer's consent, and the defendant purchasing the credit or debit card must know that the issuer did not give its consent.
Use of a credit or debit card as security for a debt. The defendant must either obtain control over a credit or debit card as security for a debt, or transfer control over the card as security for a debt with the intent to defraud the issuer or any other person.
Use of a counterfeited, forged, expired, revoked, or unissued credit or debit card. The defendant must (a) use a credit or debt card which was unlawfully obtained or kept without the cardholder's consent, or is known to be counterfeited, forged, expired, or revoked -- with the intent to obtain an item of value; or (b) obtain or attempt to obtain an item of value by representing, without the cardholder's consent, that he or she is the holder of a specified card or, in the case of an unissued card, by representing that he or she is the holder of such card.
Use of a credit or debit card with intent to defraud. The cardholder's use of a credit or debit card, or his or her permission to allow another person to use the card, must be done with the intent to defraud the issuer, or any other person.

For the last two crimes described above -- use of a counterfeited, forged, expired, revoked, or unissued credit or debit card, and use of a credit or debit card with intent to defraud -- the crime is complete when a person uses such card with the intent to defraud, regardless of whether he or she actually obtains anything of value by its use. The seriousness of these offense is determined according to the fair-market cash value of all property thus obtained (or sought to be obtained) during a six-month period.

Defenses to Credit Card Fraud Charges

Ignorance or lack of knowledge
Abandonment of criminal purpose
Duress or compulsion
Entrapment
Infancy (for persons under 13 years of age)
Insanity

Penalties and Sentences

With the exception of two of the crimes described above -- use of a counterfeited, forged, expired, revoked, or unissued credit or debit card (a Class 3 felony if more than $300 worth of property was obtained in a six-month period) and use of a credit or debit card with intent to defraud (a Class A misdemeanor if less than $150 worth of property was obtained in a six-month period) -- Illinois classifies all of the other above-listed offenses as Class 4 felonies, the lowest level of a felony offense. Under the Illinois Unified Code of Corrections, a Class 4 felony is punishable by (1) a term of 1-3 years in prison; periodic imprisonment of up to 18 months, where the convicted person has been committed to any correctional or detention institution or facility and may be released for periods of time to work, seek employment, attend to family needs, or for another approved reason; or probation or conditional discharge of up to 30 months where the court determines that neither imprisonment nor periodic imprisonment of the convicted person is appropriate or "necessary for the protection of the public"; (2) a fine of up to $25,000 for each offense, and/or restitution; or both.

Class A misdemeanors, on the other hand, are punishable by a sentence of imprisonment or periodic imprisonment of less than one year, or probation or conditional discharge of up to 2 years; a fine of up to $2,500 for each offense; restitution; or a combination of those penalties.

Illinois Credit Card Fraud Statute

Credit and Debit Card Fraud - Criminal Code Section Article 17, Subdivision 25

Note: State laws are constantly changing -- please contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources:

Fraud and Financial Crimes

Illinois State Attorney General -- Identity Theft