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Keates Law Office > Theft Offenses > Credit Card Abuse

Credit Card and Debit Card Abuse

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Credit Card Debit Card Abuse

What is it? Credit Card Debit Card Abuse is when a credit or debit card is used without the true owners consent in an attempt to defraud or steal.

What makes it illegal? The Texas Criminal Penal Code Sec. 32.31. Credit Card Abuse indicates that a person commits an offense if, with intent to obtain a benefit fraudulently, uses a credit or debit card of another to do so, or uses an expired or otherwise unauthorized card to defraud or steal.

What are the Punishments? For individuals arrested for Credit Card Abuse, the penalty is a state jail felony punishable by up to two years in the state prison with fines, 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 as defined by Section 22.04.

Common Criminal Cases Involving Credit Card Abuse Arrests: The most common Credit Card Abuse cases and Debit Card Abuse arrests involve using expired credit cards to purchase goods, or uses a fictitious card obtained under a false name.

Fraudulent Use of Identifying Information

What is it? Fraudulent Use of Identifying Information, common referred to as Identity Theft, is when an item of Identification is used by another, without the true owners consent, to defraud or harm the true owner.

What makes it illegal?  The Texas Criminal Penal Code Sec. 32.51. Fraudulent Use of Identifying Information indicates that a person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent.

What are the Punishments? For individuals arrested for  Fraudulent Use of Identifying Information, the penalty is as follows: (c) An offense under this section is: (1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than five; (2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10; (3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or (4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

Common Criminal Cases Involving Theft Arrests: The most common Fraudulent Use of Possessing or Identifying Information cases and Identity Theft arrests involve the use of a stolen or forged State Identification card or Driver's License, in an attempt to open accounts or lines of credit, or purchase goods.



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Law Office of Robert Keates
700 Lavaca St #1400 Austin, TX 78701 URL of Map
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Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX 512-800-3741
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