| A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked; uses a fictitious credit card or debit card with the intent to obtain a benefit; uses a credit card or a debit card knowing that it was stolen; buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder; sells a credit card or a debit card without being the issuer; or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person.
Credit card or debit card abuse most often involves obtaining merchandise in a fraudulent manner. Although the offense is similar to theft, it is a separate offense. The essential element of the offense is the use of a fictitious credit card or debit card in order to obtain money, property, or services.
Indictment
An indictment for credit card or debit card abuse should allege the form of the offense, the name of the cardholder or the owner of the card, and any intent to obtain money, property, or services. The property does not need to be specifically identified unless a defendant actually obtained the property. The indictment does not need to allege the person against whom the card was used or why the card was fictitious. However, the indictment must allege the defendant's knowledge that the card was not issued to the defendant and the fact that the cardholder did not consent to the defendant's use of the card.
When the offense of credit card or debit card abuse is committed by a defendant's use of a revoked, cancelled, or expired card, it is presumed that the defendant had knowledge that the card was revoked, cancelled, or expired if notice was sent by the issuer of the card to the defendant. The notice may be given orally or in writing. The notice is presumed to have been received by the defendant within a certain number of days after it was mailed to the defendant.
When the offense of credit card or debit card abuse is committed by a defendant's use of the card without the consent of a cardholder, the absence of consent may be proved by the testimony of the cardholder. The cardholder usually testifies about the theft of the card.
The offense of credit card or debit card abuse is normally punished as a felony.
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