Credit Card Fraud
Virginia Credit Card Fraud is charged under Va. Code §18.2-195. Virginia credit card fraud essentially is knowingly using a credit card to obtain some value and the offender is acting with an intent to defraud. There are a number of ways an offender can commit Virginia credit card fraud.
Virginia Credit Card Fraud Charges
Knowingly Using Stolen Credit Card/Number: Va. Code §18.2-195(1)(A) states that it is a crime to knowingly use a stolen or lost credit card to obtain something of value with an intent to defraud. To be convicted of this offense, the Commonwealth must prove that the offender:
- used a credit card
- the credit card used was lost or stolen
- the offender used the credit card for the purpose of obtaining goods, services, or anything else of value, and
- the offender acted with an intent to defraud.
For more information on credit card theft charges in Virginia, click here.
Knowingly Using Expired or Revoked Credit Card: Va. Code §18.2-195(1)(A) also prohibits knowingly using an expired or revoked credit card to obtain some value. To convict an offender of a Virginia credit card fraud charge under this section of the statute, the Commonwealth must prove that the offender:
- used a credit card
- with knowledge that
- the card was expired or revoked
- to obtain money, goods, services, or anything else of value
- and had an intent to defraud.
Using Another Person’s Credit Card: Credit card fraud under Va. Code §18.2-195(1)(b)(i) is committed when an offender obtains something of value by fraudulently using another person’s credit card by passing it off as his own. An offender can be convicted of this form of Virginia credit card fraud when he:
- uses another person’s credit card
- without authorization
- to receive something of value
- with intent to defraud, and
- actually receives something of value as a result.
Using Un-issued Credit Card: Virginia credit card fraud can also be charged under Va. Code §18.2-195(1)(b)(ii) when a person obtains something of value by claiming to have a credit card or credit card number that has not been issued.
Fraudulently Taking Credit Card As Security for Debt: It is also credit card fraud in Virginia under Va. Code §18.2-195(1)(C) to take a credit card as security for a debt with an intent to defraud.
Obtaining Money in Excess of Credit Limit: Another form of credit card fraud in Virginia, found in Va. Code §18.2-
195(1)(d), is knowingly obtaining money in excess of the available credit limit with intent to defraud. This offense is
committed in one of two ways:
when a person knowingly obtains money from an unmanned device in excess of his credit limit with intent to defraud, or- when a person knowingly obtains money in excess of the credit card limit from a person who is someone other than the issuer.
Furnishing Value for Stolen or Lost Credit Card: Va. Code §18.2-195(2)(b) states that it is credit card fraud in Virginia to furnish anything of value if presented with a lost, stolen, expired or revoked credit card. The Commonwealth must prove that the offender had an intent to defraud. Usually intent to defraud can be established by proof that the merchant knew the card was stolen, lost, expired or revoked.
Failing to Provide Good/Services After Charging Credit Card: Va. Code §18.2-195(2)(b) states that Virginia credit card fraud is committed when a merchant fails to provide money, goods, services or anything else of value after representing to a credit card issuer that the merchant has produced the goods to the cardholder.
Charging Issuer More than Cardholder Authorized: Virginia credit card fraud under Va. Code §18.2-195(2)(C) is committed when a merchant charges a credit card issuer an amount exceeding what the credit card holder authorized to be charged.
Conspiracy to Commit Credit Card Fraud
Conspiracy to commit credit card fraud (Va. Code §18.2-195(4)) is always a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500. This offense is committed if a person conspires to commit credit card fraud to occur in Virginia, or conspires in Virginia to commit credit card fraud either in Virginia or anywhere.
Penalties for Virginia Credit Card Fraud
Virginia credit card fraud can be charged as a misdemeanor or a felony, depending on the value that was fraudulently obtained. If the value obtained is less than $200 in a 6 month period, the Virginia credit card fraud is charged as a misdemeanor. It is punished with up to 12 months in jail and a fine up to $2500. It is a felony if the value obtained over a 6 month period is more than $200. It is punished with up to 5 years in prison and a fine up to $2500.
Virginia Credit Card Fraud Statute
§18.2-195. Credit card fraud; conspiracy; penalties.
(b) Obtains money, goods, services or anything else of value by representing(i) without the consent of the cardholder that he is the holder of a specified card or credit card number or
(ii) that he is the holder of a card or credit card number and such card or credit card number has not in fact been issued;
(c) Obtains control over a credit card or credit card number as security for debt; or
(d) Obtains money from an issuer by use of an unmanned device of the issuer or through a person other than the issuer when he knows that such advance will exceed his available credit with the issuer and any available balances held by the issuer.
(2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or credit card number by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he:
(a) Furnishes money, goods, services or anything else of value upon presentation of a credit card or credit card number obtained or retained in violation of § 18.2-192, or a credit card or credit card number which he knows is expired or revoked;
(b) Fails to furnish money, goods, services or anything else of value which he represents or causes to be represented in writing or by any other means to the issuer that he has furnished; or
(c) Remits to an issuer or acquirer a record of a credit card or credit card number transaction which is in excess of the monetary amount authorized by the cardholder.
(3) Conviction of credit card fraud is punishable as a Class 1 misdemeanor if the value of all money, goods, services and other things of value furnished in violation of this section, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed $200 in any six-month period; conviction of credit card fraud is punishable as a Class 6 felony if such value exceeds $200 in any six-month period.
(4) Any person who conspires, confederates or combines with another, (i) either within or without the Commonwealth to commit credit card fraud within the Commonwealth or (ii) within the Commonwealth to commit credit card fraud within or without the Commonwealth, is guilty of a Class 6 felony.