text of Fraudulent Use or Possession of Credit Card or Debit Card Information with flags
text of Fraudulent Use or Possession of Credit Card or Debit Card Information with flags

Fraudulent Use or Possession of Credit Card or Debit Card Information

The Texas Fraudulent Use or Possession of Credit Card or Debit Card Information offense was created in the 86th Texas Legislative Session by HB 2625 . The offense will be effective on September 1, 2019. Learn more detailed information about the Fraudulent Use or Possession of Credit Card or Debit Card Information offense below.

*This is a new offense as of 2019. More detail will be added to this page as soon as it is available*

Concerned about Fraudulent Use or Possession of Credit Card or Debit Card Information in Texas? Call criminal defense lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

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

The current Texas law is as follows:1

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.

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.2

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 10.3

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 50.4

The classification increases to a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.5


Legal References:

1 Texas Penal Code §32.315

2 Texas Penal Code §32.315(e)(1), as passed by HB 2625 in the 2019 Texas Legislative Session

3 Texas Penal Code §32.315(e)(2), as passed by HB 2625 in the 2019 Texas Legislative Session

4 Texas Penal Code §32.315(e)(3), as passed by HB 2625 in the 2019 Texas Legislative Session

5 Texas Penal Code §32.315(e)(4), as passed by HB 2625 in the 2019 Texas Legislative Session

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
  • Client “No-billed” by grand jury investigating shooting death case
  • Coverage of Case Involving Waco teacher sending messages to student
  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
  • Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
  • Coverage of teen Lewisville client charged with hit-and-run death
  • Two Montague County Indecency with a Child cases Dismissed