Credit Card Theft
Credit Card Theft in Virginia is one of Virginia’s many credit card offenses. Credit card theft in Virginia under Va. Code §18.2-192 is a felony. It is considered grand larceny and is punished the same way as grand larceny charges, with up to 20 years in prison and a fine up to $2500. It is punished as a felony regardless of the value of the cards or the amount purchased with any stolen cards.
Credit card theft in Virginia applies to the theft of credit cards and credit card numbers. As a result, someone can be charged with credit card theft even if he did not physically take the credit card.
There are a number of acts which are considered credit card theft in Virginia. These include: taking a credit card without the owner’s consent, receiving a stolen credit card, receiving a lost credit card, sale of a credit card by a non-issuer, purchasing a credit card from a non-issuer, and receiving credit cards with the names of more than 2 different people within 12 months.
Taking Credit Card from Another
Credit card theft under Va. Code §18.2-192(1)(a) is committed when an offender takes a credit card (or credit card number) from another person without the cardholder’s consent. To convict an offender of credit card theft under §18.2-192, the Commonwealth must prove that the offender:
- took a credit card (or credit card number)
- from another person
- without the cardholder’s consent, and
- with the intention of selling, using, or transferring the credit card to someone other than the cardholder.
Receiving Stolen Credit Card
Anyone who knowingly receives a stolen credit card with the intent to use, sell or transfer the card or card number is also guilty of credit card theft under Va. Code §18.2-292(1)(a). To convict an offender of credit card theft in Virginia based on receipt of a stolen credit card, the Commonwealth must prove that 
the offender:
- received
- a stolen credit card
- with the intention of using, selling, or transferring the card
- to someone other than the cardholder, and
- knew that the credit card was stolen.
Receiving Lost Credit Card
Va. Code §18.2-192(1)(b) states that anyone who receives a credit card knowing that it was lost, misplaced, or delivered to the wrong person has committed credit card theft if he kept possession of the card intending to use, sell, or transfer the card to someone other than the cardholder. The Commonwealth must prove that the offender:
- received
- a credit card
- that was lost, misplaced, or misdelivered
- with the intent to use, sell or transfer the card
- to someone other than the cardholder.
Intent can be proven with evidence that the offender retained possession of the lost credit card for a long period of time or attempted use of the card.
Sale of Credit Card by Non-Issuer
It is considered credit card theft under §18.2-192(1)(c) for a non-issuer of a credit card to sell a credit card or credit card number. No intent element is required to be proven for a conviction of credit card theft in Virginia if there was a sale of a credit card by a non-issuer. Both the seller and purchaser involved in a sale of a credit card by a non-issuer can be convicted of credit card theft in Virginia.
Purchase of Credit Card from Non-Issuer
Anyone who buys a credit card or credit card number from a non-issuer has committed credit card theft in Virginia. The Commonwealth need not prove intent. The purchaser and seller of a card purchased from a non-issuer can both be charged with, and convicted of, credit card theft in Virginia if they were involved in a sale of a credit card from a non-issuer.
Receiving Cards with More Than 2 Names in 12 Month Period
Va. Code §18.2-192(1)(d) states that a person commits credit card theft in Virginia if he receives two or more signed credit cards issued to two or more people that were bought from a non-issuer. This offense is committed if the offender received credit cards in the names of two or more people within a 12 month period.
Penalties for Credit Card Theft in Virginia
Credit card theft in Virginia is grand larceny and is punished with up to 20 years in prison and a fine up to $2500. See Va. Code §18.2-95.
Credit Card Theft in Virginia: Statute
§ 18.2-192. Credit card theft.