Credit card abuse is considered a serious crime in the state of Texas. This offense refers to any fraudulent or illegal use of a credit or debit card, as well as the possession, sale, or purchase of a stolen card. Anyone convicted of this crime can be punished for anything from a state jail felony to a third-degree felony, depending on the circumstances of the case.
In this guide, I will discuss the current laws in Texas regarding credit card abuse, including what constitutes a violation and the potential penalties if convicted.
What Is Considered Credit Card Abuse in Texas?
According to Section §32.31 of the Texas Penal Code, credit card or debit card abuse occurs when a person knowingly uses a credit or debit card without the consent of the cardholder with the intent to obtain a benefit fraudulently.
This includes using an expired or revoked card, using a fictitious or stolen card, and inducing the cardholder to use their card for the actor’s own benefit. Possessing incomplete cards with the intent to complete them, as well as selling or buying credit or debit cards from unauthorized sources, are also considered acts of credit card abuse.
Is credit card abuse a felony in Texas?
As with any type of financial abuse, credit card abuse is considered a serious offense in the state of Texas. A felony is a classification of crime that carries significant penalties, including imprisonment and fines. So, the short answer to the question “Is credit card abuse a felony in Texas?” is yes.
Understanding Credit Card Abuse Laws in Texas:
The Essentials Of Credit Card Abuse
This time, I will discuss the issue of credit card abuse in Texas in detail. The law is clear—I already mentioned in the above paragraph if someone uses or attempts to use a credit or debit card without the cardholder’s express permission, or if the card is expired, revoked, or canceled, it is considered abuse.
Such acts are carried out with the knowledge that the card is not valid for use, which Texas law views as intentionally defrauding a benefit from another party.
Specific Actions That Comprise Credit Card Fraud
There are numerous scenarios that Texas law recognizes as credit card abuse, including, but not limited to, the following:
- Using Fake or Pretend Cards: Any act involving the use of a fictitious card or the information of a non-existent card to gain benefits.
- Receiving Fraudulently Obtained Benefits: Knowingly accepting benefits or services that were acquired by violating the relevant statutes.
- Theft and Resale of Cards: both the act of stealing credit or debit cards and receiving, selling, or transferring them knowing they were stolen.
- Unauthorized Transactions: Engaging in transactions with a card not lawfully issued to the user or without the cardholder’s consent.
- Possession of Incomplete Cards: Holding two or more incompletely issued cards with the intent of completing them without issuer consent is also deemed fraudulent.
- Misrepresentation of Provided Services: Authorized merchants defraud the card issuer or holder by falsifying the exchange of goods or services.
Credit card abuse encompasses a range of actions beyond rudimentary unauthorized use; it includes any misuse where the underlying motive is to deceive.
Penalties For Credit Card Abuse In Texas
So far, we have understood a detailed discussion about credit card fraud. Now let’s know about its charges and penalties. Let’s learn, what is a credit card abuse charge and the penalties for credit card abuse in Texas.
A conviction for credit card abuse in Texas is classified as a state jail felony, with a possible sentence of 180 days to 2 years in state jail and/or a fine of up to $10,000. However, the severity of punishment can be increased if some aggravating factors are present.
For example, if credit card abuse is committed against an elderly person, it can be elevated to a third-degree felony. This can result in 2 to 10 years in prison and/or a fine of up to $10,000.
What Are The Statute Of Limitations For Credit Card Abuse In Texas?
Under Texas law, the statute of limitation for Credit Card or Debit Card Abuse is seven years. This means that after seven years from the date of the abuse, legal action cannot be taken against the accused individual.
This limitations period is in place to protect both the accuser and the accused, as it ensures that cases are brought to court within a reasonable amount of time and prevents individuals from facing legal consequences for past actions indefinitely.
It is important for those who have been victims of Credit Card or Debit Card Abuse to understand and exercise their right to pursue legal action within the seven-year time frame to seek justice and hold the responsible party accountable.
Defending Against Credit Card Abuse Charges
If you have been charged with credit card abuse in Texas, it is important to seek the help of an experienced criminal defense attorney. With a thorough understanding of the state’s laws and legal procedures, they can build a strong defense on your behalf and protect your rights throughout the legal process.
One possible defense strategy for credit card abuse charges is lack of intent. This means that you did not knowingly use or possess a credit or debit card with the intent to defraud. Another defense could include a lack of knowledge, where you were unaware that the card was stolen or unauthorized for use.
Common Types Of Credit Card Abuse
1.Skimming And Hacking: Two Common Types Of Credit Card Abuse
With the rise of technology, there are now various methods used by thieves to obtain credit/debit card information fraudulently. Two common types of abuse are skimming and hacking.
Skimming involves the use of a device to obtain electronic data from the magnetic stripe on the back of a card, which is then used to make unauthorized transactions. This can happen at restaurants, drive-thru windows, and even ATM machines.
On the other hand, hacking occurs when thieves gain access to a merchant’s payment system and steal customer credit/debit card information. This is often seen in online transactions, making it important to always ensure secure websites when making online purchases.
Both skimming and hacking can be prevented with updated technology and vigilant monitoring of credit/debit card activity.
If you suspect that you have been a victim of either type of abuse, it is crucial to contact your bank or credit card provider immediately and follow the necessary steps to report and resolve the issue.
2.Phishing: Another Dangerous Form Of Card Abuse
In addition to skimming and hacking, phishing is another dangerous form of credit/debit card abuse that targets victims through electronic means. This often involves emails or attachments that appear legitimate but are used to collect personal and financial information. This can lead to significant financial loss if the victim’s sensitive information is obtained.
To protect against phishing, it is important to have updated virus protection software on your computer and to be cautious of any suspicious emails or attachments. If you believe you have fallen victim to phishing, it is crucial to report it immediately and take the necessary steps to secure your accounts and information.
Being aware of the various forms of credit card abuse and taking preventative measures can help protect against becoming a victim. So, individuals need to stay informed and take necessary precautions when using credit cards.
Steps To Take When Experiencing Credit/Debit Card Abuse: Seeking Help from The Authorities
- Contact your bank or credit card provider immediately to report the issue and cancel the affected card.
- Gather any necessary documentation to support your claim, such as transaction records and receipts.
- If the fraudulent activity occurred in the City of Grapevine, Texas, download and fill out a Credit/Debit Card Abuse Affidavit.
- Call your local police department to make a report and provide them with the required documentation.
- Stay informed of any developments or updates in your case, and follow up with authorities if necessary.
- Keep a close eye on your credit/debit card activity and report any suspicious transactions promptly.
- Consider adding additional security measures, such as two-factor authentication, to further protect your accounts.
Taking prompt action and seeking help from the authorities can greatly assist in resolving cases of card abuse. It is important to act quickly in order to minimize potential financial loss and prevent further fraudulent activity.
Conclusion
It’s crucial for all parties involved—from cardholders to merchants—to be vigilant about credit card use and to understand that Texas law severely penalizes credit card fraud. It’s more than just inappropriate usage; it’s about the deceptive intent behind that usage. Anyone charged with such an offense should seek legal counsel promptly, as consequences can be significant.
For the detailed stipulations and legal ramifications of credit card fraud, reviewing the complete text of Texas Penal Code §32.31 is advised. Remember, informed use is the best safeguard against credit card fraud. Stay mindful of your transactions and protect yourself against potential legal issues.