The Texas Fraudulent Use or Possession of Credit Card or Debit Card Information offense was created in the 86th Texas Legislative Session.

This is a new offense, effective in 2019.

Learn more detailed information about the Fraudulent Use or Possession of Credit Card or Debit Card Information offense below.

What is the current Texas law on Fraudulent Use or Possession of Credit Card or Debit Card Information?

The current Texas law defines the offense of Fraudulent Use or Possession of Credit Card or Debit Card Information in Penal Code Section §32.315 as follows:^[1]

(b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses:

(1) a counterfeit credit card or debit card;

(2) the number and expiration date of a credit card or debit card without the consent of the account holder; or

(3) the data stored on the digital imprint of a credit card or debit card without the consent of the account holder.

The offense was created by the 86th Texas Lesgislature and became effective on September 1, 2019.^[2]

How can I be charged with Fraudulent Use or Possession of Credit Card or Debit Card Information?

You can be charged with Fraudulent Use or Possession of Credit Card or Debit Card Information if the state’s attorneys believe that you each of the elements of (b)(1), (2) or (3), as described in the section above, have been met.

What is the punishment range for Fraudulent Use or Possession of Credit Card or Debit Card Information?

The lowest classification for Fraudulent Use or Possession of Credit Card or Debit Card Information will be a state jail felony and will apply if the number of items obtained, possessed, transferred, or used is less than five.^[3]

The classification increases to a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10.^[4]

The classification further increases to a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50.^[5]

The classification increases to a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.^[6]

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Legal References:

^1. Texas Penal Code §32.315^2. H.B. 2625, 86th Texas Legislature, Section 1^3. Texas Penal Code §32.315(e)(1), as passed by HB 2625 in the 2019 Texas Legislative Session^4. Texas Penal Code §32.315(e)(2), as passed by HB 2625 in the 2019 Texas Legislative Session^5. Texas Penal Code §32.315(e)(3), as passed by HB 2625 in the 2019 Texas Legislative Session^6. Texas Penal Code §32.315(e)(4), as passed by HB 2625 in the 2019 Texas Legislative Session