Credit Card or Debit Card Abuse: Texas Penal Code §32.31

The Texas Credit Card or Debit Card Abuse law gives police the right to arrest you if they believe you used or obtained a credit card or debit card in any of a variety of fraudulent ways, such as using an expired or revoked card, stealing a card, and making fake cards.

Prosecutors charge the offenses of Credit Card Abuse and Debit Card Abuse when they believe that someone has committed fraud in order to charge expenses to a credit card or debit card.

We see this charge brought for cases involving credit card skimmers, stolen cards, fake credit cards, and a variety of other credit card scams.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.31. The legislature did not update this law in 2023. In fact, this law has not been amended since 2009.

The Penal Code classifies the Texas Credit Card or Debit Card Abuse law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Credit Card or Debit Card Abuse below.

What is the current Texas law about Credit Card or Debit Card Abuse?

The current Texas law defines the offense of Credit Card or Debit Card Abuse in Penal Code Section §32.31 as follows:^[1]

(b) A person commits an offense if:

(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B) the card has expired or has been revoked or cancelled;

(2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;

(3) he receives a benefit that he knows has been obtained in violation of this section;

(4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;

(5) he buys a credit card or debit card from a person who he knows is not the issuer;

(6) not being the issuer, he sells a credit card or debit card;

(7) he uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay;

(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;

(9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;

(10) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or

(11) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.

How can I be charged with a Credit Card or Debit Card Abuse offense in Texas?

You can be charged with Credit Card or Debit Card Abuse in Texas if the state’s attorneys believe that you violated any subsection (b)(1)-(11), as described in the section above, have been met.

What is the statute of limitation for Credit Card or Debit Card Abuse in Texas?

Credit Card or Debit Card Abuse has a seven year limitations period under Texas law.^[2]

What is the penalty for a Texas Credit Card or Debit Card Abuse offense?

A conviction for Credit Card or Debit Card Abuse in Texas is punished as a state jail felony, but it can be enhanced to a third degree felony if the state prosecuting attorneys can prove that it was committed against an elderly individual.^[3]

Can you get probation for Credit Card or Debit Card Abuse in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Credit Card or Debit Card Abuse, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[5]

What level of crime is Credit Card or Debit Card Abuse in Texas?

The Penal Code classifies the punishment for Credit Card or Debit Card Abuse as a state jail felony, but the state can seek an enhancement to a third degree felony by proving that the offense was committed against an elderly individual.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §32.31. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.01(3)(F)^3. Texas Penal Code §32.31(d)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure