The Firm Accepts:
Florida Fraudulent Use of Credit Card Crimes
WILSON
LAW FIRM, P.L.
Attorney at Law
W
Free Initial Consultation
Call the Wilson Law Firm Today at: (407) 648-5255  
Available 24 Hours a Day 7 Days a Week
Wilson Law Firm, P.L.
232 Hillcrest Street, Orlando, FL 32801
Tel: (407) 648-5255
Orange County Florida Criminal Defense Attorney & Winter Park Criminal Lawyer - The hiring of an attorney is an important decision which should not be based
solely on advertisements.  The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to
provide only general information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the
Wilson Law Firm to speak with an Orlando criminal defense lawyer and Orange County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orlando Criminal Lawyer - Fraudulent Use of Credit Card:
Cases involving credit card fraud have significant penalties.  If you have been
arrested for a criminal offense involving credit card fraud you should speak with
an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following Florida Statutes on this page provides some information regarding credit card offenses:

Florida Statute 817.481 - Credit cards; obtaining goods by use of false, expired, etc.; penalty.
(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to
purchase any goods, property or service, by the use of any false, fictitious, counterfeit, or expired credit card,
telephone number, credit number, or other credit device, or by the use of any credit card, telephone number, credit
number, or other credit device of another without the authority of the person to whom such card, number or device
was issued, or by the use of any credit card, telephone number, credit number, or other credit device in any case
where such card, number or device has been revoked and notice of revocation has been given to the person to whom
issued.

(2) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid payment of the lawful
charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or
other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent
scheme, means or method, or any mechanical, electric, or electronic device.

(3)(a) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this
section is $300 or more, the offender shall be guilty of grand larceny.

(b) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this
section is less than $300 the offender shall be guilty of petit larceny.

Florida Statute 817.61 - Fraudulent use of credit cards.
A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or
anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything
else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is
forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the
cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card
and such card has not in fact been issued violates this section. A person who, in any 6-month period, uses a credit
card in violation of this section two or fewer times, or obtains money, goods, services, or anything else in violation of
this section the value of which is less than $100, is subject to the penalties set forth in s. 817.67(1). A person who, in
any 6-month period, uses a credit card in violation of this section more than two times, or obtains money, goods,
services, or anything else in violation of this section the value of which is $100 or more, is subject to the penalties set
forth in s. 817.67(2).

Florida Statute 817.612 - Expired or revoked credit cards.
A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or
anything else of value, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit
card which he or she knows is expired or revoked violates this section and is subject to the penalties set forth in s.
817.67(1). Knowledge of revocation shall be presumed to have been received by a cardholder 7 days after such
notice has been mailed to him or her by first-class mail at the last known address.

Florida Statute 817.60 - Theft; obtaining credit card through fraudulent means.
(1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD TAKEN.—A person who takes a credit 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 with intent to use it, to sell it, or to transfer it to a person other than the
issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1). Taking a
credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law
larceny by trespassory taking, common-law larceny by trick or embezzlement or obtaining property by false pretense,
false promise or extortion.

(2) THEFT OF CREDIT CARD LOST, MISLAID, OR DELIVERED BY MISTAKE.—A person who receives a credit card
that he or she knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the
cardholder and who retains possession with intent to use it, to sell it, or to transfer it to a person other than the issuer
or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1).

(3) PURCHASE OR SALE OF CREDIT CARD OF ANOTHER.—A person other than the issuer who sells a credit
card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to
the penalties set forth in s. 817.67(1).

(4) OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT.—A person who, with intent to defraud the
issuer, a person or organization providing money, goods, services, or anything else of value, or any other person,
obtains control over a credit card as security for a debt violates this subsection and is subject to the penalties set
forth in s. 817.67(1).

(5) DEALING IN CREDIT CARDS OF ANOTHER.—A person other than the issuer who, during any 12-month period,
receives two or more credit cards issued in the name or names of different cardholders, which cards he or she has
reason to know were taken or retained under circumstances which constitute credit card theft or a violation of this
part, violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(6) FORGERY OF CREDIT CARD.—
(a) A person who, with intent to defraud a purported issuer or a person or organization providing money, goods,
services, or anything else of value or any other person, falsely makes, falsely embosses, or falsely alters in any
manner a credit card or utters such a credit card or who, with intent to defraud, has a counterfeit credit card or any
invoice, voucher, sales draft, or other representation or manifestation of a counterfeit credit card in his or her
possession, custody, or control is guilty of credit card forgery and is subject to the penalties set forth in s. 817.67(2).

(b) A person other than an authorized manufacturer or issuer who possesses two or more counterfeit credit cards
is presumed to have violated this subsection.

(c) A person falsely makes a credit card when he or she makes or draws in whole or in part a device or instrument
which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not
authorize the making or drawing or when he or she alters a credit card which was validly issued.

(d) A person falsely embosses a credit card when, without the authorization of the named issuer, he or she
completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer
requires to appear on the credit card before it can be used by a cardholder.

(7) SIGNING CREDIT CARD OF ANOTHER.—A person other than the cardholder or a person authorized by him or
her who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything
else of value or any other person, signs a credit card violates this subsection and is subject to the penalties set forth
in s. 817.67(1).

Florida Statute 817.62 - Fraud by person authorized to provide goods or services.
(1) ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT CARD; FORGED, REVOKED, OR EXPIRED
CREDIT CARD.—A person who is authorized by an acquirer to furnish money, goods, services, or anything else of
value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent
to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value
upon presentation of a credit card obtained or retained in violation of this part or a credit card which he or she knows
is forged, expired, or revoked violates this subsection and is subject to the penalties set forth in s. 817.67(1), if the
value of all money, goods, services, and other things of value furnished in violation of this subsection does not
exceed $300 in any 6-month period. The violator is subject to the penalties set forth in s. 817.67(2) if such value does
exceed $300 in any 6-month period.

(2) MISREPRESENTATION TO ISSUER OR ACQUIRER.—A person who is authorized by an acquirer to furnish
money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent
or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish
money, goods, services, or anything else of value which he or she represents in writing to the issuer or the acquirer
that he or she has furnished violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(3) ILLEGALLY FACTORING CREDIT CARD TRANSACTIONS.—
(a) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon
presentation of a credit card or a credit card account number by a cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer, the acquirer, or the cardholder, presents to the issuer or acquirer, for
payment, a credit card transaction record of a sale, which sale was not made by such person or his or her agent or
employee, violates this paragraph and is subject to the penalties set forth in s. 817.67(2).

(b) A person who, without the acquirer’s authorization, employs, solicits, or otherwise causes a person who is
authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit
card or a credit card account number by a cardholder, or employs, solicits, or otherwise causes an agent or
employee of such authorized person, to remit to the acquirer a credit card transaction record of a sale that was not
made by such authorized person or his or her agent or employee violates this paragraph and is subject to the
penalties set forth in s. 817.67(2).

(c) Any violation of this subsection constitutes an unfair or deceptive act or practice within the meaning of s. 501.204
and thus the basis for a civil or administrative action by an enforcing authority pursuant to part II of chapter 501.

Florida Statute 817.625 - Use of scanning device or reencoder to defraud; penalties.
(1) As used in this section, the term:
(a) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan,
obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a
payment card.

(b) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a
payment card onto the magnetic strip or stripe of a different payment card.

(c) “Payment card” means a credit card, charge card, debit card, or any other card that is issued to an authorized
card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value
from a merchant.

(d) “Merchant” means a person who receives from an authorized user of a payment card, or someone the person
believes to be an authorized user, a payment card or information from a payment card, or what the person believes to
be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving
goods, services, money, or anything else of value from the person.

(2)(a) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person
to use:
1. A scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card
and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

2. A reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic
strip or stripe of a different card without the permission of the authorized user of the card from which the information
is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment
card, or a merchant.

(b) Any person who violates subparagraph (a)1. or subparagraph (a)2. a second or subsequent time commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Any person who violates subparagraph (a)1. or subparagraph (a)2. shall also be subject to the provisions of ss.
932.701-932.706.

Florida Statute 817.631 - Possession and transfer of credit-card-making equipment.
A person who receives, possesses, transfers, buys, sells, controls, or has custody of any credit-card-making
equipment with intent that such equipment be used in the production of counterfeit credit cards violates this section
and is subject to the penalties set forth in s. 817.67(2).

Florida Statute 817.645 - Alteration of credit card invoice; penalties.
Whoever, with intent to defraud any person, falsely alters any invoice for money, goods, services, or anything else of
value obtained by use of a credit card after it has been signed by the cardholder or a person authorized by him or her
violates this section and is subject to the penalties set forth in s. 817.67(1).

Florida Statute 817.65 - Defenses not available.
It shall not constitute a defense to a prosecution for any violation of this part that:
(1) A credit card that is not a counterfeit credit card is offered for use or sale as a counterfeit credit card.
(2) A person, other than the defendant, who violated this part has not been convicted, apprehended, or identified.

Florida Statute 817.67 - Penalties.
(1) A person who is subject to the penalties of this subsection shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.

(2) A person who is subject to the penalties of this subsection is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

_________________________________________________

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal attorney and Orange County Criminal Defense Lawyer about your situation or to schedule a Free Initial
Consultation.  The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
Call Today: (407) 648-5255
Orlando Criminal Lawyer & Orange County Florida DUI Attorney -
Call Today: (407) 648-5255
Florida Crimes & Laws