Oklahoma Credit and Debit Card Fraud

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Fraud is an umbrella term that covers all offenses that involve dishonest or fraudulent acts. Credit card (or debit card) fraud is a type of identity theft where an offender fraudulently uses or obtains a card in order to illegally obtain goods, services, or money.

Under Oklahoma's fraud laws, a credit or debit card is defined as an identification card or device issued to a person (the cardholder) by a business (the issuer) that allows the cardholder to purchase goods, property or service on credit, or to obtain access to a consumer banking facility.

The following chart highlights Oklahoma's main credit and debit card fraud laws.

Code Section

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

What's Prohibited?

Knowingly using (or attempting to use) a credit or debit card that:

  • Wasn't issued to you
  • Has been revoked or cancelled, or
  • Is false, counterfeit, or nonexistent

In person, on the phone, or over the internet in order to:

  • Obtain credit
  • Purchase goods, property, or services,
  • Obtain cash advances, or
  • Obtain or transfer funds

Penalties

 Misdemeanor.
  • If the amount fraudulently obtained is less than $500: Punishable by a fine of up to $500 and/or by imprisonment for up to 30 days.
  • If the amount fraudulently obtained is more than $500: Punishable by a fine of between $500 and $1,000 and/or imprisonment for up to one year.

Code Section

 Oklahoma Code section 21-1550.22: Card Theft

What's Prohibited?

Taking a credit or debit card from someone else without the cardholder's consent (either by larceny, larceny by trick, larceny by the bailee, embezzlement, false pretenses, false promise, extortion, etc.), or

Receiving a credit or debit card that you know has been stolen, with the intent to use it, sell it, or transfer it to someone else

Penalties

 Felony. Punishable by a fine of up to $3,000 and/or imprisonment for up to three years.

Selling or Buying Credit or Debit Cards

In Oklahoma it is a crime for anyone, besides the issuer, to buy or sell a credit or debit card. Buying or selling cards is a felony offense that is punishable by a fine of up to $3,000 and/or imprisonment for up to three years.

Forging Credit or Debit Cards

It is also a criminal offense in Oklahoma to falsely make, or falsely emboss, a purported credit or debit card with the intent to defraud an issuer or any other person or business. Forgery is a felony in Oklahoma and is punishable by a fine of up to $3,000 and/or imprisonment for up to three years.

Additional Resources

State laws change frequently. For case specific information regarding Oklahoma's credit and debit card fraud contact a local criminal defense attorney or a consumer protection lawyer.

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