Illegal Use of a Debit or Credit Card in Oklahoma - Law & Punishment (2024)

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    • which has been revoked or cancelled by the issuer of such card and actual notice thereof has been given to such person,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

Illegal Use of a Debit or Credit Card in Oklahoma - Law & Punishment (1)“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 circ*mstances 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

Illegal Use of a Debit or Credit Card in Oklahoma - Law & Punishment (2024)

FAQs

Illegal Use of a Debit or Credit Card in Oklahoma - Law & Punishment? ›

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.

Can you go to jail for using someone else's debit card? ›

California Penal Code § 484g PC makes it a crime to use a credit or debit card to obtain goods, services or money when you know the card to be fake, forged, expired, invalid, or belonging to someone else. This offense can be charged as a misdemeanor or a felony and carries a penalty of up to 3 years in jail.

What is the penal code for unauthorized use of credit card? ›

Penal Code 484g PC makes it a crime to use a credit card to obtain goods or services knowing the card is fake, forged, expired, or belongs to another person. The crime of fraudulently using somebody's credit or debit card is described under California Penal Code 484g.

Which law act protects against unauthorized use of credit cards? ›

The Fair Credit Billing Act (FCBA) is a 1974 amendment to the Truth in Lending Act that puts in place consumer protections against inaccurate or fraudulent credit card charges and other billing errors.

Can the unauthorized use of a credit card result in criminal charges? ›

Those convicted of federal credit card fraud can face severe penalties, including significant fines and jail time. Possible sentences include up to 10 years in prison, as well as monetary fines of up to $250,000 or twice the amount of the defendant's gain from the crime.

What happens if someone fraudulently uses your debit card? ›

If you notify your bank or credit union within two business days of discovering the loss or theft of the card, the bank or credit union can't hold you responsible for more than the amount of any unauthorized transactions or $50, whichever is less.

What is it called when someone uses your debit card without permission? ›

Fact checked by Marcus Reeves. Debit card fraud occurs when someone gains access to your debit card number—and, in some cases, personal identification number (PIN)—to make unauthorized purchases or withdraw cash from your account.

How long can you go to jail for using someone elses card? ›

On the low end, it is a year in county jail and a $1,000 fine. On the high end, it is punishable by up to three years in county jail and a $10,000 fine.

What is the charge for using someone elses debit card? ›

Federal Law. Certain federal credit or debit card fraud laws focus on interstate and foreign commerce. These federal crimes make it illegal to use a stolen or fraudulently obtained credit or debit card. These are felony charges, and the penalties may include up to 10 years in prison and fines of up to $10,000.

Do debit card thieves get caught? ›

Additionally, many thieves use skimmers to capture card information, which makes it even more difficult to track them down. According to a report, less than 1% of debit card frauds are solved by Law Enforcement Authorities.

Can you use someone's debit card without the card? ›

Someone can use a debit card without a physical card at a store through various methods such as online purchases, contactless payments, or mobile wallet apps. For these operations, you only need card information stored electronically or to link the card to a digital payment platform.

References

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