California offenses related to credit card, debit card and access card fraud fall under the related Penal Code Sections 484e, 484f, 484g, 484h, 484i, and 484j.

These statutes cover all crimes having to do with using, accessing, or publishing credit card information in a fraudulent manner or in order to illegally obtain things of value (such as goods, services, or money) without the permission of the cardholder. Penalties differ depending on the statute under which the offense is categorized and the nature of the offense.

If you have been charged with credit card fraud or a related crime, there are a number of legal defense strategies that may be appropriate for you depending on the unique facts of your case. A California criminal defense attorney can work with you to determine the best defense for you and help get you the best possible outcome.

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Stealing credit cards or credit card information

California Penal Code 484e PC makes it illegal to steal a credit card, debit card, or card information. The offense can be charged as either a misdemeanor or a felony and could be punishable by up to 3 years of jail time.

Examples

Janet takes a wallet out of a restaurant patron’s purse sitting on the ground beside her chair. She takes the credit card from the wallet and tries to buy jewelry with it.

Wallace works for a florist and takes a customer’s credit card information for an order over the phone. He copies the information for himself to make online purchases with.

The law states that a person is guilty of committing a criminal offense if they

Acquire, transfer, or sell a credit card or debit card without the consent of the cardholder with the intent to defraud, OR
Retain possession of another party’s credit card or debit card information without the consent of the cardholder with the intent to fraudulently use the information.

Penalties and consequences

A violation of Penal Code 484e PC is considered grand theft under Penal Code 487. That means that a person who steals a credit card or credit card information is guilty of grand theft and is subject to the penalties of a Penal Code 487 violation.

In California, grand theft is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony. Potential penalties vary depending on how the offense is charged.

For a misdemeanor charge, potential penalties include:

A fine of up to $1,000, and/or
Up to one year in the county jail

For a felony charge, potential penalties include:

A fine of up to $10,000, and/or
Up to three years in the county jail

Legal defenses for credit card theft

Below are three of the most common legal defenses used against Penal Code 484e PC charges. If you’ve been charged with stealing a credit card or credit card information, your criminal defense attorney will examine the details of your case to determine the best defense strategy for you.

No credit card – Penal Code 484e PC only applies to credit and debit cards and their information. It does not apply to other goods, valuables or cash. If no credit or debit card was stolen (even if something else was stolen), the defendant is not guilty of violating Penal Code 484e PC.
No intent to defraud – In order to be guilty of violating Penal Code 484e PC, a person must steal a credit or debit card or information and do so with the intent to defraud. If a card was obtained by the defendant by accident or without the intent to defraud the cardholder, they are not guilty of violating Penal Code 484e PC.
Necessity – This defense is also sometimes referred to as “guilty with an explanation.” If the defendant can adequately show that they had sufficient reason to steal the credit or debit card or had no other choice, they may avoid a Penal Code 484e PC conviction. A scenario with this defense might be appropriate might be if the defendant had to steal a credit card because of a significant emergency.

Forging credit card information

The California statute Penal Code 484f PC makes it a crime to forge credit card information. Forging a credit card is a wobbler offense that can be charged as either a misdemeanor or a felony, depending on the details of the case. A Penal Code 484f PC conviction could result in jail time.

Examples

While purchasing something online, Pete alters a credit card number in order to defraud the online retailer

Sarah uses her friend Rachel’s credit card to buy some takeout for dinner and signs Rachel’s name on the credit card receipt without her permission

Gerald makes a fake credit card to trick retailers

A person is guilty of forging credit card information if they knowingly and unlawfully do any of the following with the intent defraud (to try to trick or persuade another party through dishonest means):

Counterfeit or make a fake credit card or debit card
Alter a credit card or debit card
Sign another person’s name on a credit or debit card receipt or as part of a transaction without the other person’s consent.

Penalties and consequences

Penal Code 484f PC is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the details of the case.

For a misdemeanor charge, potential penalties include:

Up to one year in the county jail

For a felony charge, potential penalties include:

Up to three years in the California state prison

Legal defenses for forging credit card information

Below are three of the most common legal defenses used against Penal Code 484f PC charges. If you’ve been charged with forging a credit card or credit card information, a criminal defense attorney can help you determine if these or any other defense strategies might be appropriate for your case.

No intent to defraud – In order to be guilty of violating Penal Code 484f PC, a person must forge credit card or information and do so with the intent to defraud. If the defendant did not intend to trick or persuade another party through dishonest means, they are not guilty of violating Penal Code 484f PC.
No knowledge – A person is only guilty of forging credit card information if they knowingly alter or illegally use credit or debit card information. For example, someone might accidentally or mistakenly change a credit card number without their knowledge.

No probable cause – According to the U.S. Constitution, police must have sufficient reason to believe that a person is committing a crime in order to arrest or detain them. If the defendant was arrested for violating Penal Code 484f PC without probable cause, their case could be dismissed, or their charges reduced.

Fraudulent use of a credit card

Under California Penal Code 484g PC it is illegal to obtain goods, services, or money with a credit card or debit card that you know is fake, forged, expired, counterfeit, altered, revoked, or belongs to another party. Violating Penal Code 484g PC could result in jail time.

Examples

Lucy tries to use her mom’s expired debit card to buy a TV

Jim tries to buy groceries with a credit card that he stole

Javier steals his friend’s credit card information and uses it to buy clothes online

Penalties and consequences

Fraudulent use of a credit card is considered a violation of Penal Code 484, petty theft, which is charged as a misdemeanor. However, if the defendant fraudulently uses a credit card to make purchases exceeding $950, they are charged with grand theft under penal code 487. Grand theft is a “wobbler” offense and can be charged as either a misdemeanor or a felony.

For a misdemeanor petty theft charge, potential penalties include:

A fine of up to $1,000 and/or
Up to six months in the county jail

For a misdemeanor grand theft charge, potential penalties include:

A fine of up to $1,000 and/or
Up to one year in the county jail

For a felony grand theft charge, potential penalties include:

A fine of up to $10,000 and/or
Up to three years in the county jail

Legal defenses for fraudulent use of a credit card

Below are three of the most common legal defenses used against Penal Code 484g PC charges. If you’ve been charged with fraudulent use of a credit card, a criminal defense attorney may decide that these or other defense strategies can help you in your case.

No intent to defraud – In order to be guilty of violating Penal Code 484g PC, a person must illegally use a credit card and do so with the intent to defraud. If the defendant did not intend to trick or persuade another party through dishonest means, they are not guilty of violating Penal Code 484g PC.
Had the cardholder’s consent – A person is only guilty of violating Penal Code 484g PC if they purchased goods or services or obtained money without the consent of the cardholder. Demonstrating that the defendant had the cardholder’s permission can result in charges being dropped or reduced.
Duress – If a person commits a crime under threat of their life, they are said to do so under duress. If a defendant fraudulently uses a credit card because someone else has threatened to kill them if they don’t, this may be their best legal defense.

Credit card fraud by retailers

In California, it is illegal for businesses to defraud customers, vendors, or other entities by making illegal credit card or debit card transactions. Credit card fraud by retailers falls under the statute Penal Code 484h PC.

Examples

Gina works at a record store and allows her friend to purchase several records with a card that she knows is stolen

Tran owns a boutique and uses an altered credit card to fraudulently purchase merchandise from his store

A retailer is guilty of violating Penal Code 484h PC if it does either of the following:

Knowingly furnishes anything of value such as goods, services, or money to someone who is using a credit card or debit card that is expired, stolen, counterfeit, forged, or revoked
Attempts to receive payment based on evidence of a credit card or debit card transaction when nothing of value such as goods, services, or money has been exchanged.

Penalties and consequences

Credit card fraud by a retailer is either considered to be petty theft under Penal Code 484 and 488 or grand theft under Penal Code 487.

How the crime is charged depends on the amount of money that the retailer received as a result of the fraudulent activity. If the retailer received more than $950 in a consecutive six-month period, the offense will be charged as grand theft.

If it received less than $950 in a consecutive six-month period, it will be charged as petty theft. Whereas petty theft is a misdemeanor offense, grand theft is a “wobbler” which means that it can be charged as either a misdemeanor or a felony. Penalties differ based on how the offense is charged.

For a misdemeanor petty theft charge, potential penalties include:

A fine of up to $1,000 and/or
Up to six months in the county jail

For a misdemeanor grand theft charge, potential penalties include:

Up to one year in the county jail

For a felony grand theft charge, potential penalties include:

16 months, two years, or three years in the California state prison

Legal defenses for credit card fraud by a retailer

Below are three of the most common legal defenses used against Penal Code 484h PC charges. If you or your business has been charged with credit card fraud by a retailer, your criminal defense attorney might discuss these or other defense strategies with you when determining the best way to handle your case.

No intent to defraud – In order to be guilty of violating Penal Code 484h PC, a retailer must act with an intent to defraud. If the defendant did not intend to trick or persuade another party through dishonest means, they are not guilty of violating Penal Code 484h PC.
Not a retailer – Under the statute that covers credit card fraud by a retailer, the defendant must be a retailer in order to be found guilty of violating Penal Code 484h PC. If the defendant is not a person or a business who sells goods or services to the public, this is an appropriate legal defense.
False accusation – If the defendant has been falsely accused of committing credit card fraud by a retailer out of revenge, jealousy, or any other reason, they can use evidence of the false accusation as a legal defense against those charges.

Counterfeiting credit cards

California Penal Code 484i PC is a statute that makes it illegal to counterfeit credit cards. It also includes making or possessing machinery used to create counterfeit credit cards. Under the legal definition of the crime, activities that constitute counterfeiting include:

Altering, modifying, or varying credit card account information on a card
Authorizing changes to be made to a card in order to bill transactions to another party
Making, designing, or possessing equipment that is used to make counterfeit credit cards
Completing an incomplete card (such as one that is missing a bank logo or other information) or possessing an incomplete card with the intent to complete it.

Examples

Frank changes the expiration date on his recently expired credit card

Beth changes the account number on her credit card to match the account number on her ex-girlfriend’s card so that her ex-girlfriend will be billed for transactions that Beth makes

Samuel stores equipment that he uses to make counterfeit credit cards in his garage

Penalties and consequences

Penal Code 484i PC is divided into two categories:

Penal Code 484ia, a misdemeanor offense, and
Penal Code 484ib, a crime of forgery, which is a “wobbler” offense and can be charged as either a misdemeanor or a felony depending on the facts of the case.

For a misdemeanor Penal Code 484ia charge, potential penalties include:

A fine of up to $1,000 and/or
Up to six months in the county jail

For a misdemeanor Penal Code 484ib charge, potential penalties include:

A fine of up to $1,000 and/or
Up to six months in the county jail

For a felony grand theft charge, potential penalties include:

A fine of up to $10,000, and/or
16 months, two years, or three years in county jail

Legal defenses for counterfeiting credit cards

Below are three of the most common legal defenses used against Penal Code 484i PC charges. If you’ve been charged with counterfeiting credit cards, a California criminal defense attorney can help you determine which defense strategy is best for you.

No intent to defraud – In order to be guilty of violating Penal Code 484i PC, a person must have fraudulent intent. If the defendant did not intend to trick or persuade another party through dishonest means, they are not guilty of violating Penal Code 484i PC.
Necessity – Also known as “guilty with an explanation,” this defense is appropriate when a defendant can adequately show that they had sufficient reason to counterfeit a credit card or had no other choice, as in the case of a significant emergency.
False accusation – If the defendant has been falsely accused of counterfeiting a credit card by another party out of revenge, jealousy, or any other reason, they can use evidence of the false accusation as a legal defense against those charges.

Publishing credit card information

According to California Penal Code 484j PC, it is illegal to “publish” information for an active, expired, revoked, or nonexistent credit card including:

Card numbers (credit, debit, or access cards)
PIN numbers
Online account passwords
Bank account numbers
Card issuing numbers

Publication of such information in writing, online, or orally with the intent to defraud is a misdemeanor offense.

Examples

Sandra works in a retail shop and writes down customers’ credit card numbers then shares them with her friend

Gary gives his brother his roommates online credit card account password

Penalties and consequences

Penal Code 484j is a misdemeanor offense. Potential penalties include:

A fine of up to $1,000, and/or
Up to 6 months in county jail, or
Misdemeanor or summary probation in lieu of jail time

Legal defenses for publishing credit card information

Below are three of the most common legal defenses used against Penal Code 484j PC charges. If you’ve been charged with publishing credit card information, your criminal defense attorney will examine the details of your case to determine if these or any other strategies might be the best way to fight your charges.

Did not publish information – If no credit card information was “published,” orally, in writing, or electronically, the way it is legally defined by Penal Code 484j PC, then the defendant is not guilty of committing this specific offense.
No intent to defraud – In order to be guilty of violating Penal Code 484j PC, a person must demonstrate fraudulent intent. This defense is appropriate if the defendant did not intend to trick or persuade another party through dishonest means.
Duress – If a person publishes credit card information under threat of their life, they have done so “under duress.” This defense can be used in the specific scenario where someone else threatened to kill the defendant if they didn’t commit the crime.

If you or a loved one have been charged with a credit card fraud-related crime, you may be facing potential fines and even jail time.

A skilled California criminal defense attorney can discuss with you the details of your case and the best strategies for your legal defense. As a Los Angeles defense attorney with over 40 years of experience, I have represented clients facing even the most serious charges. You can count on me to aggressively defend your rights and help you through the legal process every step of the way.

Contact my office today to set up your free consultation – 800-834-6434.

Published March 29, 2017.