Think twice before borrowing your friend’s debit or credit card without permission to pay for gas. You could actually be breaking the law. Unauthorized use of a credit card in Oklahoma is illegal. The same applies to debit cards as well as mere possession of a credit or a debit card without permission.
Unauthorized use or possession of a credit card or a debit card is a type of fraud that is closely related to identity theft. Consequently, there are several ways this crime can be charged in Stillwater, Oklahoma.
Unauthorized Use of a Credit Card in Oklahoma
A credit or debit card in Oklahoma is defined as an identification card or a device issued to the cardholder by a business. The card allows the cardholder to purchase goods or services or to obtain access to the cardholder’s bank. Okla. Stat. tit. 21 § 1550
In Oklahoma, it is unlawful for anyone to:
- knowingly use or attempt to use a credit or debit card,
- which has been issued to another person
- to obtain goods or services or
- to obtain funds
- without the cardholder’s permission,
- has been revoked or cancelled once the issuer gives notice of the cancellation, or
- is a fake or counterfeit credit or debit card.
The crime can be charged as a misdemeanor in Stillwater if the amount involved is $500 or less. The crime is punishable by a fine of up to $500, 30 days in jail, or both. If the amount exceeds $500, you could face a fine between $500 and $1,000, up to a year in jail, or both.
Credit Card Theft
In Oklahoma, it is against the law to take a credit or debit card from another person without their consent. Likewise, it is against the law to knowingly receive a stolen credit or debit card with the intent to use it, sell it, or otherwise transfer it to another person. Being caught with the credit or debit card in your possession is proof of credit card theft.
Penalties Vary
Depending on the circumstances of the crime, you could be charged either with a misdemeanor or a felony in Stillwater.
If the value of the goods are less than $1,000, you will be charged with a misdemeanor. You could spend up to a year in jail, pay a fine of up to $1,000, or both.
If the crime is charged as a felony, you could face up to seven years in prison.
You could be convicted of a felony in Stillwater if the value of the goods or services is $1,000 or more. The penalty is up to three years in prison, a fine of up to $3,000, or both.
In addition, the prosecution can aggregate a series of offenses may be combined when they are the result of a plan or scheme which results in the taking or diversion of money or property on a recurring basis. This allows the prosecution to get a felony conviction.
If you are facing charges of unauthorized use or possession of a credit card, you need the help of an experienced Stillwater criminal defense attorney to help protect your freedom.
Initial Strategy Session with a Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a initial consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a initial low-cost consultation or submit a question through this website.
