Texas Credit Card Fraud Laws
Overview of Texas Credit Card Fraud Laws
Performing a variety of fraudulent acts in connection with a credit card amounts to the crime of credit card fraud in Texas. Prosecutors must be able to prove beyond a reasonable doubt, that the defendant had an intent to receive some type of benefit by the following means, the most common of which are:
- Using a credit or debit card the defendant knows is not his own;
- The card has expired, been revoked, or cancelled;
- Using a fictitious card, or the pretended number of a fictitious card
- Receiving any benefit that the defendant knows has been obtained by violation of this law;
- Stealing a credit or debit card with the intent to use it, sell it or transfer it to anyone but the cardholder;
- Buying a credit or debit card from someone the defendant knows is not the issuer of the card;
- Selling a credit or debit card;
- Inducing the cardholder to use his/her card to obtain property for the defendant's benefit when the cardholder is financially unable to pay for it;
- Possessing a credit or debit card that is not the defendant's own and having the intent to use it.
Defenses to Credit Card Fraud Charges
- Lack of knowledge
- Lack of intent
- Mistake
- Duress (being coerced to perform a crime that you otherwise would not perform)
- Age (being a minor may lessen the penalty imposed)
Penalties and Sentences
The crime of credit card fraud is a state jail felony. This carries with it a penalty of 180 days to two years in a state prison and/or a fine of no more than $10,000. However, if the offense was committed against an elderly person, the charge may be increased to that of a third degree felony. A third degree felony carries a penalty of two to ten years in a state prison and/or a fine of no more than $10,000.
Texas Credit Card Fraud Statute
Texas Credit Card Fraud Statute
Penal Code, Title 7, Chapter 32, Section 32.31 (Scroll down to the section on credit card or debit card abuse.)
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.