Credit Card Fraud + Laws, Charges & Statute of Limitations

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Credit card fraud is defined in U.S. Codes 18 USC § 1029. Under these rules, credit cards and similar items that provide access to financial institutions are known as “access devices.” Federal laws cover anyone who knowingly, or with fraudulent intent, produces or distributes fraudulent credit cards. Likewise, anyone who engages in the use of fraudulent credit cards and obtains items of value above a certain value may be prosecuted.

Credit Card Fraud Laws

Federal credit card fraud laws are intended to discourage organized criminal trafficking of access devices, which are responsible for hundreds of millions in losses to financial institutions annually. Unlike counterfeiting, which refers to the development of fake notes, coin, and other currency, credit card fraud provides only for the creation and use of access devices. However, just like counterfeiting, individuals may be prosecuted for the use of such devices even if they are not the originator.

Credit Card Fraud Crimes & Charges

Federal laws stipulate a number of charges that can be levied in connection with credit card fraud:

  • Producing, using, or trafficking in counterfeit access devices.
  • Trafficking in or using such a device to obtain anything of value aggregating $1,000 or more within 12 months.
  • Possessing fifteen or more counterfeit access devices, whether or not they have been used, and whether or not the possessor is the originator.
  • Having control or custody of any equipment intended for the production of counterfeit devices, whether or not the equipment is used.
  • Effecting transactions with counterfeit devices to receive payment or other items of value with total value at $1,000 in the aggregate within 12 months.

In addition, knowingly soliciting any individual in order to obtain equipment expressly for the use of developing counterfeit access devices can also be a federal crime. Individual activities that may contribute to a criminal conspiracy related to credit card fraud can sometimes be prosecuted as well, such as developing or trafficking in hardware or software expressly developed or configured for that purpose.

Credit Card Fraud Punishment

Credit card fraud punishment varies a great deal based upon the specific activities in which a person was allegedly engaged, the geographical location of those activities whether confined to one state or across state lines, and the value of the transactions in which the person engaged or which the person facilitated. In almost all cases, however, the law provides for fines, jail time, and forfeiture of property that was used to effect the criminal activity.

Credit Card Fraud Sentencing Guidelines

Sentencing guidelines for credit card fraud vary based upon whether the individual has ever been charged in connection with federal credit card offenses in the past. Depending on the specific subsection of 18 USC 3282 that the alleged perpetrator has violated, he or she may be subject to a fine, imprisonment of up to 15 years, or both, as well as forfeiture of any equipment used for the crimes in question. If the crime is a second or subsequent offense, then the law provides for a maximum sentence of twenty years as well as the other penalties.

Credit Card Fraud Statute of Limitations

The federal statute 18 USC 3282 provides for the general statute of limitations on federal level, noncapital criminal activities. Under these guidelines, it is impossible to prosecute, try, or enact legal punishment for a noncapital offense after five years.

Credit Card Fraud Cases

National and international criminal organizations continue to find more effective ways to engage in credit card fraud. Around the world, credit card fraud results in hundreds of billions of dollars in losses. Many of the most sophisticated credit card fraud organizations are based internally. However, there are many people throughout the United States who have been found to collude with such organizations both at home and abroad.

  • In June 2013, 22 defendants were found responsible for using more than 7,000 false identities, 1,800 fake mailing addresses, and more than 25,000 fraudulent credit cards to “run up” loans valued at more than $200 million that were never repaid. (ABA Journal)
  • In 2010, a pair of alleged fraudsters developed annual revenue of more than $42 million dollars and bilked over a half-million people as part of a scam targeting people with low credit and using an “army” of cold calling telemarketers nationwide. (Tampa Bay Times)

Credit Card Fraud Quick Links & References

Credit Card Fraud Laws by State

The following section highlights credit card fraud laws and statutes by state:

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
FloridaMaineNew HampshireRhode IslandWisconsin
GeorgiaMarylandNew JerseySouth CarolinaWyoming

Alabama

Under Alabama Code Title 13A. Criminal Code Section 13A-9-14, credit card fraud is a class D felony with penalties of one year and one day to five years imprisonment or up to two years in a community correctional facility.

Alaska

Under:

  • Alaska Stat. Section 11.46.285 Fraudulent use of an access device
  • Alaska Stat. Section 11.46.290 Obtaining an access device or identification document by fraudulent means

Punishments for fraudulent use of an access card are:

  • Value is $25,000 and higher. Class B felony. Up to 10 years imprisonment, fine of up to $100,000
  • Value is $50 up to less than $25,000. Class C felony. Up to five years imprisonment, fine of up to $50,000
  • Value below $50. Class A misdemeanor. Up to one year in jail, fine of up to $10,000

Arizona

Under:

  • Fraudulent use of a credit card: A.R.S Section 13-2105
  • Theft of a credit card: A.R.S. Section 13-2102

Punishments are:

  • Value is $250 and below. Misdemeanor.
  • Value above $250. Felony.
  • Theft of a credit card. Class 5 felony. Presumptive sentence of two years, aggravated range of two years and six months imprisonment

Judges take the circumstances of the case into consideration to set the level of felony or misdemeanor and the punishment. Restitution may be ordered.

Arkansas

Under Arkansas Code Section5-37-207: Fraudulent Use Of A Credit Card Or Debit Card

  • Value is $25,000 or higher. Class B felony. Five to 20 years imprisonment and/or up to $15,000 fine.
  • Value is more than $5,000 but less than $25,000. Class C felony. Three to 10 years imprisonment and/or up to $10,000 fine.
  • Value is more than $1,000 up to $5,000. Class D felony. Up to six years imprisonment and/or up to $10,000 fine.
  • Value is $1,000 or less. Class A misdemeanor. Up to one year in jail and up to $2,500 fine.

California

Under California Penal Code Sections 484-502.9 et. seq. (Credit Card Fraud Laws)

  • Petty theft. Fine of up to $1,000 and/or up to six months in county jail.
  • Grand theft. Up to one year in county jail. Increased sentence for repeat offenders.
  • Making, selling, modifying, or altering credit cards or trafficking counterfeiting equipment. Up to one year in county jail. Increased sentence for repeat offenders.

Colorado

Under:

  • REV. STAT. Section 18-5-901, et seq. Identity Theft and Related Offenses
  • REV. STAT. Section 18-5-903 Criminal Possession of a Financial Device

Punishments are:

  • Criminal possession of one financial device. Class 1 misdemeanor.
  • Criminal possession of two or more financial devices. Class 6 felony.
  • Criminal possession of four or more financial devices for at least two account holders. Class 5 felony.
  • Identity theft. Class 4 felony. Up to 12 years imprisonment and $500,000 in fines.

Punishments for criminal possession range depending on the level of crime. Six months to three years imprisonment and fine of $5,000 to $100,000. Restitution may also be ordered.

Connecticut

  • 53a-128c Credit Card Fraud

Punishments are:

  • Credit card theft or fraudulent use of credit card. Class A misdemeanor. Up to one year in prison and fine of up to $2,000
  • Credit card forgery. Class D felony. One to five years in prison and fine of up to $5,000

Delaware

Under Delaware Code section 903: Unlawful Use of Payment Card

  • Value below $1,500. Class A misdemeanor. Up to one year in jail and/or up to $2,300 fine
  • Value is $1,500 or higher. Class G felony. Up to two years imprisonment.
  • Victim older than 62 and value below $1,500. Class G felony. Up to two years imprisonment.
  • Victim older than 62 and value is $1,500 or higher. Class F felony. Up to three years imprisonment.

Florida

Under:

  • The State Credit Card Crime Act
  • Florida Statutes Title XLVI. Section 817.57 et seq.

Punishments are:

  • 1st degree misdemeanor for value below $100 or two offenses within six months. Up to one year in prison and/or up to $1,000 fine.
  • 3rd degree felony for value above $100 or three or more offenses within six months. Up to five years in prison and/or up to $5,000 fine.
  • Repeat offenders received harsher penalties.

Georgia

Under:

  • Financial Transaction Card Theft: O.C.G.A. Section 16-9-31
  • Forgery of a Financial Transaction Card: O.C.G.A Section 16-9-32
  • Financial Transaction Card Fraud: O.C.G.A. Section Section 16-9-33

Punishments are:

  • Financial Transaction Card Theft: Felony. Fine of up to $5,000 and one to three years imprisonment.
  • Forgery of a Financial Transaction Card: Felony. Fine of up to $5,000 and one to three years imprisonment.
  • Financial Transactions Card Fraud: Felony. Punishment depends on value of fraud.

Hawaii

Under [PART X.]  CREDIT CARD OFFENSES, Section 708-8100 Fraudulent use of a credit card:

  • Class C felony for value above $300 in six months. Up to five years in prison and/or fine ofup to $10,000.
  • Misdemeanor for value of $300 or less in six months. Up to one year in jail and/or fine of up to $2,000.

Idaho

Under Illinois Criminal Code, 720/5/17-31 et. seq.:

  • Using a counterfeited, forged, expired, revoked, or unissued card. Class 3 felony if value was above $300 in six months. Sentence at discretion of judge.
  • Using a card with intent to defraud. Class A misdemeanor if value was below $150 in six months. Up to one year in prison or periodic imprisonment or up to two years conditional discharge/probation and/or up to $2,500 fine and/or restitution.
  • Class 4 felony for all other offenses. One to three years in prison, or periodic imprisonment up to 18 months, or up to 30 months conditional discharge/probation, and/or $25,000 fine for each offense, and/or restitution.

Illinois

Under Illinois Criminal Code, 720/5/17-31 et. seq.

  • Use of a counterfeited, forged, expired, revoked, or unissued credit or debit card with value over $300. Class 3 felony. Two to five years imprisonment, five to ten years with extended term.
  • Use of a credit or debit card with intent to defraud with value below $150. Class A misdemeanor. Up to one year in prison or up to two years conditional discharge/probation and/or fine of up to $2,500 per offense and/or restitution.
  • All other offenses. Class 4 felony. One to three years imprisonment, periodic imprisonment of up to 18 months and/or fine of up to $25,000 per offense and/or restitution.

Indiana

Under Indiana Code Sections 35-43-5-4 and 35-43-5-4.3

  • Level 5 felony. One to six years imprisonment and fine of up to $10,000.
  • Level 6 felony. Six months to two and a half years imprisonment and fine of up to $10,000.

The circumstances of the crime dictate the felony level.

Iowa

Under Iowa Code Annotated Section 715A.6, Credit Cards

  • Value above $10,000. Class C felony. Fine of between $1,000 and $10,000 and up to 10 years’ imprisonment.
  • Value between $1,000 and $10,000. Class D felony. Fine of between $750 and $7,500 and up to five years’ imprisonment.
  • Value below $1,000. Aggravated misdemeanor. Fine of between $625 and $6,250 and/or up to two years’ imprisonment.

Kansas

Under 2012 Statute, Article 58. – CRIMES INVOLVING PROPERTY:

  • Severity level 7, nonperson felony for value is $25,000 or higher. Up to 17 months in prison and up to $100,000 in fines.
  • Severity level 9, nonperson felony for value is $1,000 up to less than $25,000. Up to nine months in prison and up to $100,000 in fines.
  • Class A nonperson misdemeanor for value below $1,000. Up to one year in county jail and/or up to $2,500 fine.

Kansas uses a grid system for setting levels of punishment, meaning the circumstances of the crime, the background of the offender, the effect on the victim, and more will be taken into consideration by the judge who determines the sentence.

Kentucky

Under the Credit and Debit Card Crime Act (KRS sections 434.550 – 434.730), a range of different crimes and punishments exist. Crimes are divided under:

  • Crimes by card holder
  • Merchant crimes
  • Third-party crimes

Because of this wide variety of different crimes, the exact punishment and penalty also vary tremendously.

Louisiana

Under 2011 Louisiana Laws, Revised Statutes, TITLE 14 – Criminal law, RS 14:67.3 – Unauthorized use of “access card” as theft; definitions

Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, (1) uses a forged Access Card, (2) makes reference by number or other description to a nonexistent Access Card, (3) steals or wrongfully appropriates an Access Card, or (4) uses an Access Card belonging to another person without authority of said person; thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be subject to the penalties provided for the crime of theft in R.S. 14:67.

  • Credit card fraud is classified as theft
  • Restitution may be ordered

Maine

Under Maine Revised Statutes section 905-B: Misuse of a Scanning Device or Reencoder is a class D crime. Up to 364 days in jail and fine of up to $2,000.

Maryland

Under Maryland Criminal Law Section 8-201, et seq.

  • Credit Card theft and fraud in issuance. Misdemeanors. Up to 18 months in jail and a fine of up to $500.
  • Credit card counterfeiting. Felony. Up to 15 years in prison and a fine of up to $1,000.
  • Completing or reproducing credit cards without the issuer’s consent. Felony. Up to 15 years in prison and a $1,000 fine.
  • Publishing phone card numbers. Misdemeanor. Up to 12 months in jail and a $500 fine.
  • The unlawful use or disclosure of card numbers. Felony. Up to 15 years in prison and a fine of up to $1,000.

Penalties are also imposed depending on the value of goods/services obtained. As such:

  • Below $100. Misdemeanor. Up to 90 days in jail and up to a $500 fine.
  • $100 to less than $1,000. Misdemeanor. Up 18 months in custody and a $500 fine.
  • $1,000 to less than $10,000. Felony. Up to 10 years in prison and a fine of up to $10,000.
  • $10,000 to $100,000. Felony. Up to 15 years in prison and fine of up to $15,000.
  • Above $100,000. Felony. Up to 25 years in prison and fine of up to $25,000.

Civil Penalties are also imposed up to $1,000.

Massachusetts

Under MGL Chapter 266, Section 37C,37E et seq., credit card fraud can be either a misdemeanor or a felony depending on the circumstances of the crime, including the prior history of the offender, the value of the fraud, and the victim. Penalties include prison or jail sentence, fines, and restitution.

Michigan

Under:

  • Stealing an FTD or Possessing an Altered FTD: Michigan Penal Code Section 750.157n
  • Possession of FTD with Intent: Michigan Penal Code Section 750.157p
  • Forgery of FTD: Michigan Penal Code Section 750.157r
  • Use of FTD in excess of funds or limits: Michigan Penal Code Section 750.157w
  • Use of a Revoked or Canceled FTD: Michigan Penal Code Section 750.157s

Penalties are:

  • Stealing an FTD or Possessing Altered FTD: Felony. Fine of not more than $5,000 and up to four years imprisonment.
  • Possession of FTD with Intent to Use: Felony. Fine of not more than $5,000 and up to four years imprisonment.
  • Forgery: Felony. Fine of not more than $5,000 and up to four years imprisonment.
  • Use of FTD in excess of funds or limits: Depending on the amount it can be a misdemeanor or a felony.
  • Use of a Revoked or Canceled FTD: Depending on the amount it can be a misdemeanor or a felony.

Minnesota

Under 2017 Minnesota Statutes, 609.821 FINANCIAL TRANSACTION CARD FRAUD, sentencing options are highly complex. They include:

  • Up to 20 years imprisonment and/or fine of up to $100,000 for value above $35,000.
  • Up to 10 years imprisonment and/or fine of up to $20,000 for value of $2,500 to $35,000.
  • Up to five years imprisonment and/or fine of up to $10,000 for value of $250 to less than $2,500.
  • Up to five years imprisonment and/or fine of up to $10,000 for repeat offenders for value below $250.
  • Up to one year imprisonment and/or fine of up to $3,000 for value of $2,500 or less.
  • Up to three years imprisonment and/or fine of up to $5,000 for repeat offenders of the above.
  • Up to one year imprisonment and/or fine of up to $3,000 for no value.

Mississippi

Under Mississippi Code of Law section 97-19-5 through 97-19-29: Mississippi Credit Card Crime Act, a range of different acts are prohibited and the sentences and penalties vary tremendously depending on the exact nature of the crime. What is prohibited includes:

  • Using false statements to procure a new credit card.
  • Credit card theft.
  • Buying, selling, or receiving credit cards.
  • Controlling a credit card as security for debt.
  • Signing with the intent to defraud.
  • Fraudulently using a credit card.
  • Provider credit card fraud.

Missouri

Under Missouri Revised Statutes Section 570.130

  • Value is $500 or higher. Class D felony. Up to four years imprisonment and fine of up to $5,000 or twice the value up to $20,000, whichever is greater.
  • Value below $500. Class A misdemeanor. Up to one year in jail and fine up to $1,000.

Montana

Under Montana Code Annotated 2017, TITLE 45. CRIMES Chapter 6. Offenses Against Property, Part 3. Theft and Related Offenses, Deceptive Practices, 45-6-317

  • Value is $1,500 or less. Up to six months in county jail and fine of up to $1,500.
  • Value is higher than $1,500. Fine of up to $1,500 and/or up to three years in state prison for 1st Fine up to $1,500 and/or up to five years in state prison for 2nd offense. Fine of up to $5,000 and/or between two and five years in state prison for subsequent offenses.

Nebraska

Under NEB. REV. STAT. Section 28-619 et seq.

Penalties for criminal impersonation:

  • Value is $1,500 or higher. Class 3 felony. Up to 20 years imprisonment and up to $25,000 fine.
  • Value is $500 or higher but less than $1,500. Class 4 felony. Up to five years imprisonment and up to $10,000 fine.
  • Value is $200 or higher but less than $500. Class 1 misdemeanor. Up to one year in prison and up to $1,000 fine for 1st Class 4 felony for subsequent offenses. Up to five years imprisonment and up to $10,000 fine.
  • Value below $200. Class 2 misdemeanor. Up to six months in jail and up to $1,000 fine for 1st Class 4 felony for subsequent offenses. Up to five years imprisonment and up to $10,000 fine.

Penalties for unauthorized use of a credit or debit card:

  • As above
  • Aggregated transactions over six months to determine value

Penalties for issuing a false financial statement to obtain a credit or debit card:

  • Class 1 misdemeanor. Up to one year in prison and fine up to $1,000 for one statement and up to two cards.
  • Class 4 felony for multiple statements and two or more cards. Up to five years imprisonment and up to $10,000 fine.

Penalties for criminal possession of a credit or debit card:

  • Class 3 misdemeanor. Up to three months in prison and up to $500 fine.
  • Class 4 felony for two or more cards with different account holders. Up to five years imprisonment and up to $10,000 fine.
  • Class 3 felony for four or more cards with different account holders. Up to 20 years imprisonment and up to $25,000 fine.

Nevada

Under CHAPTER 205 – Section 205.760

Fraudulent use of either a credit or debit card/Illegal possession of card/Illegal purchase of selling of card/forging of card

  • Category D felony. One to four years in prison and a fine of no more than $5,000. Restitution may also be ordered.

Fraud when applying for card

  • Gross misdemeanor. Up to 364 days in prison and/or fine of up to $2,000

New Hampshire

Under New Hampshire Revised Statutes section 638:5: Fraudulent Use of a Credit Card

  • Value above $1,500 or two or more prior convictions. Class A felony. Seven and a half to 15 years imprisonment and fine up to $4,000.
  • Value is $1,000 to $1,500 or two or more prior convictions in the past year. Class B felony. Three and a half to seven years imprisonment.
  • Misdemeanor for all other offenses. Up to 12 months in jail and up to $2,000 fine.

New Jersey

Under Credit Card Theft N.J.S. 2C:21-6 et. seq., credit card fraud can be charged either as a misdemeanor or a felony. The degree and associated penalty depends on the nature of the crime.

New Mexico

Under New Mexico Code section 30-16-33: Fraudulent Use of a Credit Card

  • Value is $250 or lower. Petty misdemeanor. Up to six months in jail and/or up to $500 fine.
  • Value is higher than $250 but lower than $500. Misdemeanor. Up to one year in jail and/or up to $1,000 fine.
  • Value is higher than $500 but lower than $2,500. 4th degree felony. Up to 18 months imprisonment and fine up to $5,000.
  • Value is higher than $2,500 but lower than $20,000. 3rd degree felony. Up to three years imprisonment and fine up to $5,000.
  • Value above $20,000. 2nd degree felony. Up to nine years imprisonment and fine up to $10,000.

Under New Mexico Code section 30-16-34: Fraudulent Acts by Merchants (or their Employees), credit card fraud by merchants is also prohibited.

New York

Under:

  • New York Penal Law Section 165.15 (Theft of Services)
  • New York Penal Law Section 165.17 (Unlawful Use of a Credit, Debit, or Public Benefit Card)
  • New York Penal Law Section 165.45 (Possession of Stolen Property/Credit Cards)
  • New York Penal Law Section 155.30(4) Credit Card Grand Larceny & Theft

Punishments are:

  • Theft of Services by Credit or Debit Card and Unlawful Use of Credit or Debit Card: Class A misdemeanor. Up to one year in jail, fine of up to $1,000.
  • Possession of Stolen Property/Credit Cards and Credit Card Grand Larceny: Class E felony. Up to four years in prison, fine of up to $5,000 or double the gain.

North Carolina

Under Article 19A., Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means.:

  • Section 14-113.1. Use of false or counterfeit credit device; unauthorized use of another’s credit device; use after notice of revocation.
  • Section 14-113.3. Use of credit device as prima facie evidence of knowledge.

Punishments are:

  • Class 2 misdemeanor for use of fewer than five devices. Up to 60 days in jail and/or fine up to $1,000.
  • Class G felony for more than five devices. Eight to 31 months imprisonment
  • Restitution
  • Civil action

North Dakota

Under 2015 North Dakota Century Code, Title 12.1 Criminal Code, Chapter 12.1-23 Theft and Related Offenses, penalties vary tremendously depending on the exact crime committed, who committed it, how they committed it, and to what value.

Ohio

Under Ohio Revised Code – Title [29] XXIX CRIMES – PROCEDURE – Chapter 2913: THEFT AND FRAUD, 2913.21 Misuse of credit cards.

  • Value below $1,000. 1st degree misdemeanor (up to 180 days in jail and/or $1,000 fine) or 5th degree felony (six to 12 months imprisonment and/or $2,500 fine) for elderly or disabled victim.
  • Value between $1,000 and $7,500. 5th degree felony (six to 12 months imprisonment and/or $2,500 fine) or 4th degree felony (six to 18 months imprisonment and/or $5,000 fine) for elderly or disabled victim.
  • Value between $7,500 and $150,000. 4th degree felony (six to 18 months imprisonment and/or $5,000 fine) or 3rd degree felony (one to five years imprisonment and/or $10,000 fine) for elderly or disabled victim.
  • Value above $150,000. 3rd degree felony (one to five years imprisonment and/or $10,000 fine) or 2nd degree felony (two to eight years imprisonment and/or $15,000 fine) for elderly or disabled victim.

Oklahoma

Under Oklahoma Code section 21-1550.2: Unauthorized Use of Credit and Debit Cards

  • Value below $500. Misdemeanor. Fine up to $500 and/or up to 30 days imprisonment
  • Value higher than $500. Misdemeanor. Fine of $500 to $1,000 and/or up to one year imprisonment
  • Forging credit cards. Felony. Fine of ip to $3,000 and/or up to three years imprisonment

Oregon

Under OR. REV. STAT. Section 165.055

  • Value below $1,000. Class A misdemeanor. Up to one year in jail and up to $6,250 fine.
  • Value is $1,000 or higher. Class C felony. Up to five years in prison and up to $125,000 fine to no more than twice the value.

Pennsylvania

Under 18 Pa. Cons. Stat. sections 4601

  • Value below $50. 2nd degree misdemeanor. Up to two years in prison.
  • Value is $50 and higher but less than $500. 1st degree misdemeanor. Up to five years in prison.
  • Value is $500 and higher. 3rd degree felony. Up to seven years in prison.

Rhode Island

Under CHAPTER 11-49, Credit Card Crime Act, Section 11-49-10. Penalties.

  • Fraudulent use of credit card/selling or buying card/illegal use of card for security of debt/signing of credit card of another person. Fine of up to $1,000 and/or up to one year in prison.
  • Forgery of credit card/dealing using credit card of another person. Fine of up to $3,000 and/or up to three years imprisonment.

South Carolina

Under Title 16 – Crimes and Offenses, CHAPTER 14, Financial Transaction Card Crime Act, SECTION 16-14-100. Penalties for violation of Financial Transaction Card Crime Act.

  • Up to $2,000 fine and/or up to one year in prison.
  • Between $3,000 and $5,000 fine and/or up to five years imprisonment.

Punishments vary depending on the circumstances of the crime.

South Dakota

Under CHAPTER 22-30A, THEFT, 22-30A-8.1.   Obtaining property or services with false debit or credit card is classified as theft and punished as such.

Tennessee

Under Tennessee Code Section 39-14-118: Illegal Possession or Fraudulent Use of a Credit or Debit Card

  • Value is $500 or less, or possession. Class A misdemeanor. Less than 11 months and 29 days in jail and fine up to $2,500.
  • Value between $500 and $1,000. Class E felony. One to six years imprisonment and fine up to $3,000.
  • Value between $1,000 and $10,000. Class D felony. Two to 12 years imprisonment and fine up to $5,000.
  • Value between $10,000 and $60,000. Class C felony. Three to 15 years imprisonment and fine up to $10,000.
  • Value above $60,000. Class B felony. Eight to 30 years imprisonment and fine up to $25,000.

Texas

Under Texas Penal Code Section 32.31

  • State Jail Felony: six months to two years in a state jail facility, and fine of up to $10,000.
  • 3rd degree felony: two to 10 years in state prison, and fine of up to $10,000.

Punishment varies depending on the circumstances of the crime.

Utah

Under Utah Code section 76-6-506.2: Financial Transaction Card Offenses – Unlawful Use of Card

  • Value below $500. Class B misdemeanor. Up to six months in jail and fine up to $1,000.
  • Value is $500 up to less than $1,500. Class A misdemeanor. Up to one year in jail and fine up to $2,500.
  • Value is $1,500 up to less than $5,000. 3rd degree felony. Up to five years imprisonment and fine up to $5,000.
  • Value is $5,000 or higher. 2nd degree felony. One to 15 years imprisonment and fine up to $10,000.

Vermont

Under the Vermont Statutes, Title 9: Commerce and Trade, Chapter 105: Credit Cards, Section 4044. Penalty:

  • Value is $50 or lower. Fine of up to $500 and/or up to six months imprisonment
  • Value above $50. Fine of up to $1,000 and/or up to one year imprisonment

Virginia

Under:

  • Credit card theft: Section 18.2-192. Grand larceny, up to 12 months in jail, fines, restitution
  • Credit card fraud: Section 18.2-195. et. seq. Class 1 misdemeanor if fraud value is lower than $200 for a period of six months (up to one year in jail and/or fine of up to $2,500), otherwise, class 6 felony (one to five years imprisonment or up to 12 months in jail and/or fine of up to $2,500).
  • Credit card forgery: Section 18.2-193. Class 5 felony charge. One to 10 years imprisonment or jail up to 12 months and/or fine of up to $2,500.

Washington

Under RCWs – Title 9A – Chapter 9A.56:

  • Section 9A.56.280, Credit, debit cards, checks, etc. – Definitions
  • Section 9A.56.290, Credit, payment cards – Unlawful factoring of transactions

Punishments are:

  • Class C felony for 1st Up to five years imprisonment and/or fine of up to $10,000
  • Class B felony for subsequent offenses. Up to 10 years imprisonment and/or fine of up to $20,000

West Virginia

Under West Virginia Code section 61-3-24a(b): Fraudulent Credit Card Use

  • Value is $1,000 or higher. Felony. One to 10 years imprisonment or up to one year in jail and/or fine of up to $2,500.
  • Value below $1,000. Misdemeanor. Up to one year in jail and/or fine of up to $2,500.
  • Credit card forgery. Felony. One and 10 years imprisonment, or up to one year in jail and a fine of between $50 and $2,500.
  • Trafficking credit cards. Felony. Between one and 10 years imprisonment, or up to one year in jail and a fine of between $50 and $2,500.

Wisconsin

Under 943.41 Financial transaction card crimes.

  • Value below $2,500. Class A misdemeanor. Up to nine months imprisonment and/or fine of up to $1,000
  • Value between $2,500 and $5,000. Class I felony. Up to three years and six months imprisonment and/or fine of up to $10,000
  • Value between $5,000 and $10,000. Class H felony. Up to six years imprisonment and/or fine of up to $10,000
  • Value above $10,000. Class G felony. Up to 10 years imprisonment and/or fine of up to $25,000

Wyoming

Under 2013 Wyoming Statutes, TITLE 6 – CRIMES AND OFFENSES, CHAPTER 3 – OFFENSES AGAINST PROPERTY, ARTICLE 8 – CREDIT CARD FRAUD, 6-3-802. Unlawful use of credit card; penalties.

  • Value below $1,000. Misdemeanor. Up to six months in jail and/or fine of up to $750.
  • Value is $1,000 and higher. Felony. Up to 10 years imprisonment and/or fine of up to $10,000.

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