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R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
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    • Bennett, R. Todd
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  5. What constitutes credit card fraud in Texas?

What constitutes credit card fraud in Texas?

On Behalf of R. Todd Bennett, P.C. | Apr 21, 2025 | Fraud |

Using someone else’s credit or debit card without permission can lead to serious consequences in Texas. State laws outline several actions that count as credit card fraud, and the penalties can escalate quickly based on the details of the case.

Common forms of credit card fraud

Credit card fraud includes a range of illegal acts. Using a stolen card, making unauthorized purchases, or using fake cards all count. Even possessing someone else’s card without their consent can result in charges. Texas law also considers it fraud if someone uses a card they know is expired, revoked, or not authorized.

Trying to get goods or services with a card that isn’t legally yours also falls under this offense. You don’t have to successfully complete the purchase to face charges. Just the attempt can be enough.

How the state classifies the offense

Credit card fraud is typically a state jail felony in Texas. That means you could face up to two years in a state jail facility and a fine of up to $10,000. If the fraud involves an elderly person, the charge can increase to a third-degree felony, which comes with steeper penalties.

In some cases, federal charges may apply, especially if the fraud involves interstate activity or large financial networks. But for most cases handled in the state, the charges depend on intent, value involved, and other related actions.

Proving credit card fraud in court

To convict someone of credit card fraud, the state must prove intent. Prosecutors have to show that the person knowingly used or possessed a card without the owner’s consent. They often use surveillance, transaction records, and witness statements to build the case.

Lack of intent or mistaken use may serve as a defense. But every case turns on specific facts and evidence.

Why understanding fraud laws matters

If you’re aware of how Texas defines credit card fraud, you can better avoid actions that might lead to charges. Something as simple as holding onto someone else’s card or using one without direct permission can result in serious legal trouble.

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