Penal Code · §32.31
Credit Card or Debit Card Abuse
Elements
- With intent to obtain a benefit fraudulently
- A person presents or uses a credit card or debit card with knowledge that the card has not been issued to the actor and is not used with the effective consent of the cardholder; OR has expired or has been revoked or canceled; OR
- The actor receives a benefit that the actor knows has been obtained by an act constituting credit/debit card abuse; OR
- The actor steals a credit card or debit card, or with knowledge that it has been stolen, receives it with intent to use it, sell it, or transfer it; OR engages in any of the other conduct enumerated in §32.31(b)
Penalty
State jail felony — 180 days to 2 years state jail + up to $10,000 fine (§12.35).
Enhancements
Third-degree felony if committed against an elderly individual (65+) — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Federal charges under 18 U.S.C. §1029 may also apply.