Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Credit Card or Debit Card Abuse

Credit Card or Debit Card Abuse

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Credit Card or Debit Card Abuse”, as per § 32.31 of the Texas Penal Code, occurs when:

·        A person, with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder, or the card has expired or has been revoked or cancelled;

·        with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;

·        he receives a benefit that he knows has been obtained in violation of this section;

·        he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;

·        he buys a credit card or debit card from a person who he knows is not the issuer;

·        not being the issuer, he sells a credit card or debit card;

·        he uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay;

·        not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;

·        he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer.  For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;

·        being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or

·        being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.

An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual.

Severity of Crime

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000