{"id":371765,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-credit-card-fraud-laws.html"},"modified":"2018-03-15T11:34:00","modified_gmt":"2018-03-15T16:34:00","slug":"california-credit-card-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-credit-card-fraud-laws.html","title":{"rendered":"California Credit Card Fraud Laws"},"content":{"rendered":"\n
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California Credit Card Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of California Credit Card Fraud Laws<\/h2>\r\n

California state laws criminalize a number of activities related to "access cards," which include credit cards, debit cards, and the account numbers of those cards. A prosecutor might charge a defendant with forgery or counterfeiting if the defendant made or altered an access card. The prosecutor might also charge a defendant with forgery if the defendant signed the cardholder’s name or a fictitious name in order to use an access card that did not belong to the defendant.<\/p>\r\n

Debit and credit card fraud<\/a> also occurs when an individual has an intent to fraudulently obtain money, goods, or services by using the access card of a cardholder who has not authorized its use. The individual may have stolen the access card or account information, or obtained a forged or altered access card. In addition, credit card fraud may arise if a cardholder kept an access card which the individual knew to be expired and continued to use the card. The state can charge the unauthorized user with theft. See Are You Liable for Unauthorized Credit Card Charges?<\/a> and Theft Overview<\/a> to learn more.<\/p>\r\n

If the value of the money, goods, or services obtained through fraudulent use of an access card exceeds $950 within a period of six consecutive months, California law requires prosecution of the user for grand theft. Use of an access card to obtain a lesser-valued amount will likely result in a charge of petty theft.<\/p>\r\n

California Credit Card Fraud Laws Overview<\/h2>\r\n

Below you will find key provisions of California\u2019s credit card fraud laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

California Penal Code Sections 484-502.9<\/a> et. seq. (Credit Card Fraud Laws)<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/td>\r\n

Credit card fraud prosecuted as theft results in penalties and sentencing set by California state laws to punish petty theft and grand theft. The possible punishment depends on whether the state has convicted the defendant of petty theft or grand theft. A conviction for petty theft may result in a fine of up to $1,000, a term of imprisonment in county jail for up to six months, or both. A conviction for grand theft generally involves more serious consequences. Grand theft may result in a sentence of up to one year in county jail or even an increased sentence when the defendant had a prior criminal record or engaged in related criminal activities.<\/p>\r\n<\/td>\r\n<\/tr>

Possible Defenses <\/b><\/p>\r\n<\/td>\r\n

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  • Cardholder’s permission to possess or use the access card<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Possibility of Community Service Sentence<\/b><\/p>\r\n<\/td>\r\n