Penal Code · §32.31

Credit Card or Debit Card Abuse

Credit Card or Debit Card Abuse is covered under §32.31 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Fraud" on practice exams.

To prove this offense, the State must establish each of the following elements: Uses card with intent to obtain benefit fraudulently, OR; Uses fictitious / expired / not-issued-to-actor card, OR; Other §32.31(b) prohibited conduct; State jail felony.

Elements you must prove

  • Uses card with intent to obtain benefit fraudulently, OR
  • Uses fictitious / expired / not-issued-to-actor card, OR
  • Other §32.31(b) prohibited conduct
  • State jail felony

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Worked examples

Worked example 1

Credit Card or Debit Card Abuse under §32.31 is generally what level of offense?

  1. Class B misdemeanor
  2. Class A misdemeanor
  3. State jail felony Correct
  4. 3rd degree felony
Why: Credit/Debit Card Abuse is a state jail felony. Enhanced to a 3rd degree felony when the victim is an elderly individual.
Statute: Tex. Penal Code §32.31(d)