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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.

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

As of September of 2019, Fraudulent Use or Possession of Credit Card or Debit Card Information is to be codified at Section 32.315 of the Texas Penal Code. Subsection (B) describes the offense as:

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.1

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 10.2

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 50.3

The classification increases to a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.4


Legal References:

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

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

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

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

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