Credit card crimes include the buying or selling of stolen or forged credit cards, the unauthorized use of an expired credit card or another person’s credit card, and the counterfeiting or altering of credit cards. Florida state laws define “credit card” to include ATM cards, banking cards, check cards, credit cards, debit cards, and other types of cards related to financial transactions.
The State Credit Card Crime Act (“the Act”) sets criminal penalties for offenses related to credit card fraud. The Act penalizes many credit card offenses as misdemeanors. However, Florida state laws also allow for the prosecution of credit card fraud outside of the Act through other criminal statutes, which might impose more severe penalties.
Florida state laws bar the unauthorized use of a credit card issued to another person. The prosecutor must show that the defendant intentionally used a forged or stolen credit card to obtain money or to pay for goods and services. The defendant must have known that the card was forged, stolen, or unlawfully obtained, and represented himself as the card holder.
Florida Credit Card Fraud Laws at a Glance
|Statute||Florida Statutes Title XLVI. § 817.57 et seq.|
|Offenses Under the State Credit Card Crime Act||
|Sentences and Penalties||
If the prosecutor has charged the defendant with a felony, the state may also consider the defendant’s criminal record and previous felony convictions when determining the penalty and sentence.
|Defenses to Credit Card Fraud Charges||
Note: State laws are constantly changing — please contact a Florida criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.