What is credit card debit card abuse in Texas?

The Credit Card or Debit Card Abuse crime in the state of Texas gives police the right to arrest you if they believe you use a credit card or debit card in any of a variety of fraudulent ways. Learn more detailed information about the Credit Card or Debit Card Abuse offense below.

Credit Card or Debit Card Abuse is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

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

The current Texas law is 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(B) the card has expired or has been revoked or cancelled;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 Credit Card or Debit Card Abuse?

You can be charged with Credit Card or Debit Card Abuse 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 punishment for Credit Card or Debit Card Abuse?

A conviction for Credit Card or Debit Card Abuse 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.2

Legal References:

1 Texas Penal Code §32.31

2 Texas Penal Code §32.31(d)

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