Stealing Credit Cards
Paying with a credit card can be efficient and easy, but credit card users should be aware of possible theft of their card and/or information. While credit card companies are enacting stringer policies regarding theft, it is still important for people themselves to be careful with their financial information. In California, Stealing Credit Cards is illegal. It’s illigal for someone to steal a credit card or its information and this article will provide a brief overview of the crime.
Elements of the Crime
The theft has been criminalized due to California Penal Code 484e PC. An important aspect of the law is that there must be an intention to commit fraud. First, the card or the information must have been stolen without the cardholder’s consent to the action. For example, if a person decides to share their credit card with their spouse, they have given their consent. However, the spouse cannot just take the card without the cardholder’s consent. There are also rules regarding who can use a credit card, but this is just with regard to this specific penal code.
Penalties for Committing the Crime
The prosecution must prove that the defendant sold, transferred, acquired or used the information of another person’s credit card without their consent. Once proven guilty, the defendant faces either a misdemeanor or a felony conviction. Depending on the context of the crime, the defendant may spend up to a year in jail with a misdemeanor or up to three years with a felony.
