{"id":372387,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-credit-and-debit-card-fraud.html"},"modified":"2016-06-20T19:51:16","modified_gmt":"2016-06-21T00:51:16","slug":"delaware-credit-and-debit-card-fraud","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-credit-and-debit-card-fraud.html","title":{"rendered":"Delaware Credit and Debit Card Fraud"},"content":{"rendered":"\n
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Delaware Credit and Debit Card Fraud<\/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

In Delaware, credit and debit card fraud<\/a> is a common form of identity theft<\/a> in which an unauthorized user intentionally uses a payment card, fraudulently makes a payment card, or illegally sells a payment card. Examples of a "payment card" include: credit cards, credit plates, bank service cards, check guarantee cards, and debit cards. The table below outlines Delaware’s main credit and debit card fraud law.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Delaware Code section 903<\/a>: Unlawful Use of Payment Card<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Using (or knowingly permitting or encouraging another to use) a payment card to obtain money, goods, services, or anything of value while knowing that:<\/p>\n

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  • The card is stolen, forged, or fictitious<\/li>\n
  • The card belongs to another person who hasn’t authorized its use<\/li>\n
  • The card has been revoked or canceled, or<\/li>\n
  • For any other reason use of the card is unauthorized by the issuer<\/li>\n<\/ul>\n

    It is also illegal to knowingly:<\/p>\n

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    • Make, possess, sell, give, advertise, or otherwise transfer a payment card with the intent that it be used to obtain money, goods, services, or anything of value without payment of the lawful charges or without the cardholder’s authorization, or<\/li>\n
    • Publishing the payment card code of an existing, canceled, revoked, expired, or nonexistent card with the intent that it be used either to avoid the payment for any money, goods, services or anything else of value, or without the cardholder’s authorization<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Definition of "Payment Card" <\/b><\/p>\n<\/td>\n

A payment card includes any instrument or device issued by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit, by the withdrawing of funds from a deposit account, or through the use of value stored on the card.<\/td>\n<\/tr>

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

Unlawful use of a payment card is a class A misdemeanor, unless the value of the money, goods, services, or anything of value sought to be obtained is $1,500 or more, then the offense is a class G felony.<\/p>\n

If the victim of the offense is 62 years old or older, then the unlawful use of a payment card is a class G felony, unless the value of the money, goods, services, or anything of value sought to be obtained is $1,500 or more, then the offense is a class F felony.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Additional Resources<\/h2>\n