Credit Card Theft vs. Credit Card Abuse in Texas Law

Under Texas law, credit card theft and credit card abuse are two separate offenses—each carrying serious legal consequences, but often confused by the public. Credit card theft usually involves unlawfully taking or possessing someone else’s card, while credit card abuse centers on using that card—whether stolen, expired, or fake—with intent to defraud. The difference lies in the act and the intent, and understanding both is critical if you're facing charges. In this post, we break down the legal definitions, penalties, and key examples of how these cases are charged in Texas courts. If you need a skilled attorney near you to fight these allegations, this guide is your starting point.

Credit Card Theft vs. Credit Card Abuse in Texas Law

In Texas, offenses involving credit or debit cards are treated with utmost seriousness, and the legal distinctions between "credit card theft" and "credit card abuse" are critical for understanding the charges and potential penalties one might face.This article aims to clarify these terms under Texas law, highlighting their definitions, differences, and the legal consequences associated with each.

Understanding Credit Card Theft

While the Texas Penal Code does not explicitly define "credit card theft," such offenses are generally prosecuted under the broader category of theft as outlined in Chapter 31 of the Texas Penal Code. Specifically, Section 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it. When this property is a credit or debit card, the act constitutes credit card theft.

Common Scenarios of Credit Card Theft

Physical Theft: Stealing a wallet containing credit cards.
Mail Theft: Intercepting credit cards sent through the mail.
Unauthorized Possession: Holding onto someone else's credit card without their consent, even if not used.

Legal Consequences

The severity of the charge depends on the value of the property stolen and other factors. Generally, theft of a credit card is considered a state jail felony, punishable by:

180 days to 2 years in a state jail facility.
A fine of up to $10,000.

However, if the offense is committed against an elderly individual (65 years or older), it may be elevated to a third-degree felony, carrying:Gonzalez Law Group+5Tex..Pub..Law: Online Texas Law Library+5Fort Worth Law Firm+5

2 to 10 years in prison.
A fine of up to $10,000.

Understanding Credit Card Abuse

Credit card abuse is explicitly defined under Section 32.31 of the Texas Penal Code. This statute outlines various actions that constitute abuse, including:

Unauthorized Use: Using a credit or debit card without the owner's consent.
Use of Expired or Revoked Cards: Knowingly using a card that has expired or been revoked.
Possession with Intent: Possessing a card with the intent to use it fraudulently.
Selling or Buying Cards: Illegally selling or purchasing credit or debit cards.
Use of Fictitious Cards: Using or possessing fake or counterfeit cards.

Legal Consequences

Credit card abuse is typically classified as a state jail felony, with penalties including:

180 days to 2 years in a state jail facility.
A fine of up to $10,000.

If the offense is committed against an elderly individual, it escalates to a third-degree felony, punishable by:

2 to 10 years in prison.
A fine of up to $10,000.

Key Differences Between Theft and Abuse

While both offenses involve unauthorized dealings with credit or debit cards, the primary distinctions lie in the nature of the act:

Credit Card Theft: Focuses on the unlawful acquisition or possession of the card itself.
Credit Card Abuse: Centers on the fraudulent use or intended use of the card, regardless of how it was obtained.

Understanding these differences is crucial, as they determine the specific charges and legal strategies applicable in a case.

Importance of Legal Representation

Facing charges related to credit card theft or abuse can have severe consequences, including incarceration, fines, and a permanent criminal record. It's imperative to seek experienced legal counsel to navigate the complexities of the legal system and to mount an effective defense.

At Walker Law Office, Mekisha Walker brings extensive experience as a former Harris County Assistant District Attorney and a seasoned criminal defense attorney. Her deep understanding of Texas theft and fraud laws ensures that clients receive informed and effective representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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