Illegal Use of a Debit or Credit Card in Oklahoma – Law & Punishment

Unauthorized Use of a Credit or Debit Card

It’s a crime to knowingly use or attempt to use:

  • a credit or debit card
    • which has not been issued to such person or
    • which is not used with the consent of the person to whom issued or
    • which has been revoked or cancelled by the issuer of such card and actual notice thereof has been given to such person,
    • for the purpose of
      • obtaining credit, or for the purchase of
        • goods,
        • property, or
        • services, or for the purpose of obtaining cash advances in lieu of these items, or to
          • deposit,
          • obtain, or
          • transfer funds, or
  • a credit card or a debit card that is:
    • false,
    • counterfeit, or
    • nonexistent.

It doesn’t matter whether the use was in person, by telephone, or via the internet. This crime can be triggered merely by using another’s credit/debit card without their permission.

Punishment

This crime is a misdemeanor. If the amount of the credit or purchase or funds deposited, obtained, or transferred by such use does not exceed $500, then the maximum fine is $500, and the maximum time in jail is 30 days. If the amount of the credit or purchase or funds deposited, obtained, or transferred by such use exceeds $500, then the maximum fine is $500, and the maximum time in jail is $1,000.

Definitions

arrested unlawful use credit card debit card attorney“Cardholder” means the person or organization named on the face of a credit card or a debit card to whom or for whose benefit the credit card or debit card is issued.

“Credit card” means any instrument or device, whether known as a credit card, credit plate, charge plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit and all such credit cards lawfully issued will be considered the property of the cardholder or the issuer for all purposes. “Credit card” also means an identification card or device issued to a person, firm, or corporation by a business organization that permits such person, firm, or corporation to purchase or obtain goods, property, or services on the credit of such organization.

“Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in depositing, obtaining, or transferring funds from a consumer banking electronic facility. “Debit card” also means an identification card or device issued to a person, firm, or corporation by a business organization that permits such person, firm, or corporation to obtain access to or activate a consumer banking electronic facility.

“Issuer” means any person, firm, corporation, financial institution, or its duly authorized agent that issues a credit card or a debit card.

“Receives” or “receiving” means acquiring possession or control or accepting as security for a loan.

“Revoked card” means a credit card or a debit card that’s no longer valid because permission to use it has been suspended or terminated by the issuer.

Sources: 21 O.S. §§ 1550.2, 1550.1, & 1550.21

Using a Forged or Revoked Credit or Debit Card

It’s illegal to, with intent to defraud

  1. the issuer,
  2. person or organization providing money, goods, services or anything else of value, or
  3. any other person,
    1. use an illegally obtained credit/debit card or a credit card or debit card which is known to be forged or revoked for the purpose of obtaining money, goods, services, or anything else of value or
    2. obtain money, goods, services, or anything else of value by representing, without the consent of the cardholder, that you are the holder of a specified card or by representing that you are the holder of a card and such card has in fact not been issued.

Knowledge of revocation is presumed to have been received by a cardholder 14 days after it has been mailed to him or her at the address in Oklahoma set forth on the credit card application or at his or her last-known address by registered or certified mail, return receipt requested.

Punishment

This crime is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.

Sources: 21 O.S. §§ 1550.29 & 1550.33

Receiving of Money, Goods, or Services from a Forged or Revoked Credit or Debit Card

It’s illegal to receive money, goods, services, or anything else of value obtained from a forged or revoked credit or debit card, with the knowledge or belief that it was obtained through using a forged credit card or debit card.

Punishment

This crime is a felony if the received goods, services, or other item was $1,000. The maximum fine is $3,000. The maximum punishment in the Department of Corrections is three years.

This crime is a misdemeanor if the value is less than $1,000. The maximum fine is $1,000. The maximum punishment in jail is one year.

A series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.

Sources: 21 O.S. §§ 1550.32 & 1550.33

Taking or Receiving a Credit or Debit Card From Another – Card Theft

A person who takes a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent, or who, with knowledge that it has been so taken, receives the credit card or debit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder, commits the crime of of card theft.

Taking a credit card or a debit card without consent includes obtaining it by the crime of larceny, larceny by trick, larceny by the bailee, embezzlement, or obtaining property by false pretense, false promise, extortion, or in any manner taking without the consent of the cardholder or issuer. A person who has in his or her possession or under his or her control any credit card or debit card obtained any of the ways previously listed is presumed to have committed the crime of card theft.

This crime is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.

Sources: 21 O.S. §§ 1550.22 & 1550.33

Receiving, Holding, or Concealing Lost or Mislaid Card

It’s a crime to hold or conceal a credit card or a debit card that has been lost or mislaid under circumstances that give you knowledge or cause to inquire as to the true owner and you appropriate it to your use or the use of another who isn’t entitled it.

This crime is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.

Sources: 21 O.S. §§ 1550.23 & 1550.33

Illegal Signing of Card

It’s a crime for a person other than the cardholder or a person authorized by him or her to, with intent to defraud (1) the issuer, (2) a person or organization providing money, goods, services or anything else of value, or (3) any other person, sign a credit card or debit card.

This crime is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.

Sources: 21 O.S. §§ 1550.28 & 1550.33

Unlawful Possession of Card

It’s illegal for a person other than the cardholder or a person authorized by the cardholder to possess any credit card or debit card that is signed or not signed. This crime is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.

Sources: 21 O.S. §§ 1550.28 & 1550.33

Current as of April 5, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with illegally using a debit or credit card in Oklahoma? Call Oklahoma white collar crime lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420