{"id":376599,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-credit-card-fraud-laws.html"},"modified":"2018-03-29T13:55:51","modified_gmt":"2018-03-29T18:55:51","slug":"texas-credit-card-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-credit-card-fraud-laws.html","title":{"rendered":"Texas Credit Card Fraud Laws"},"content":{"rendered":"\n
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Texas 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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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

The crime of debit or credit card fraud<\/a> involves the unauthorized taking of another individual’s account information with the intent of either charging unauthorized purchases to the account or removing funds. It is often intertwined with the crime of identity theft<\/a>, in which another person’s personal identifying information (such as Social Security Number, birth date, and street address) in order to fraudulently open an account or commit other types of fraud. In many cases, the perpetrator of credit card fraud may also be charged with identity theft.<\/p>\n

This article focuses on Texas credit card fraud, charged as a felony in the Lone Star State.<\/p>\n

Texas Credit Card Fraud Laws at a Glance<\/h2>\n\n
Statute<\/b><\/td>\nTexas Penal Code \u00a7 32.31<\/a><\/td>\n<\/tr>
Credit Card or Debit Card Abuse: Offenses<\/b><\/td>\n
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  • Using a credit or debit card the defendant knows is not his own;<\/li>\n
  • The card has expired, been revoked, or cancelled;<\/li>\n
  • Using a fictitious card, or the pretended number of a fictitious card;<\/li>\n
  • Receiving any benefit that the defendant knows has been obtained by violation of this law;<\/li>\n
  • Stealing a credit or debit card with the intent to use it, sell it or transfer it to anyone but the cardholder;<\/li>\n
  • Buying a credit or debit card from someone the defendant knows is not the issuer of the card;<\/li>\n
  • Selling a credit or debit card;<\/li>\n
  • Inducing the cardholder to use his\/her card to obtain property for the defendant’s benefit when the cardholder is financially unable to pay for it;<\/li>\n
  • Possessing a credit or debit card that is not the defendant’s own and having the intent to use it.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Classification of the Crime<\/b><\/td>\nAll offenses in this statute are charged as a state jail felony<\/b>; but charged as a third degree felony<\/b> if the offense was committed against an elderly person.<\/td>\n<\/tr>
Sentences and Penalties<\/b><\/td>\n
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  • State Jail Felony:<\/i><\/b> 6 months to 2 years in a state jail facility, find of up to $10,000.<\/li>\n
  • Third degree felony:<\/i><\/b> 2 to 10 years in state prison, fine of up to $10,000.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Defenses<\/b><\/td>\n