Criminal Law

Credit Card Fraud California Penal Code 484

California Penal Code Sections 484e, 484f, 484g, 484h, 484i and 484j define and punish the crimes that comprise credit card and debit card fraud and specifically prohibit forging, altering, stealing, counterfeiting or publishing information about credit or debit cards.

List of Specific Acts as Pertains to Credit Card Fraud:

  • Penal Code Section 484e – Stolen Credit Card
  • Penal Code Section 484f – Forging Credit Card Information
  • Penal Code Section 484g – Fraudulent Use of Access Card or Account Information
  • Penal Code Section 484i – Counterfeiting Credit Cards
  • Penal Code Section 484j – Publishing Credit Card Information

California Penal Code Section 484e

PC Section 484e covers the acts of stealing, transferring or acquiring another person’s credit/debit card or account information without the cardholder’s consent.

Penalties for Violating PC Section 484e

PC Section 484e is a “wobbler” offense and can be charged as either a misdemeanor or felony depending on the case facts and defendant’s criminal history.

Penalties for Misdemeanor Conviction:

  • Up to one year in a county jail
  • A fine up to $1,000

Felony conviction is likely in case the defendant used the card or its information and acquired property or goods worth more than $950, which is grand theft.

Penalties for Felony Conviction:

  • Probation and up to one year in a county jail
  • 16 months, two or three years in a county jail,
  • A fine up to $10,000

California Penal Code Section 484f

PC Section 484f covers the act of forging credit card information. Defendant can be convicted in case he altered or counterfeited a credit card, or forged a signature on it.

Penalties for violating PC Section 484e

PC Section 484 e is charged as either a misdemeanor or felony pursuant to PC 470 California’s forgery law.

Penalties for misdemeanor conviction:

  • Up to one year in a county jail
  • A fine up to $1,000

Penalties for felony conviction:

  • 16 months, two or three years in a county jail
  • A fine up to $10,000
  • Restitution to the victim.

California Penal Code Section 484g

PC Section 484g involves using a fake, stolen, altered, forged, revoked or expired credit card to procure goods or cash while knowing that it is not valid.

California Penal Code Section 484h

This crime takes place when a retailer knowingly accepts payment through a stolen, revoked and expired credit card. Retailer can also be charges under PC 484h when he presents a fake evidence of a transaction for services or goods that were never delivered.

Penalties for Violating California PC Sections 484g and 484h

California PC Sections 484g and 484h are treated like petty theft misdemeanors in case the total amount of stolen funds is $950 or less, punishable by six months in a county jail. In case the total amount of stolen funds exceeds$950, the offenses are treated like grand theft and are “wobblers” which can be punished by up to three years in a prison.

California Penal Code Section 484i

This crime involves:

  • Possessing of an incomplete credit card with intention to complete it without the consent of card issuer
  • Modifying or altering the card by changing the magnetic stripe that contains identifying information
  • Possessing the tools to make counterfeit credit cards.

Penalties for Violating California PC Section 484i

Defendant will face a misdemeanor conviction for possession of an incomplete credit card with intention to complete it, punishable by:

  • Up to six-months in a county jail
  • A fine up to $1,000

In case the defendant changed the card or information contained within the card then the crime becomes forgery under Penal Code Section 470.

If defendant is convicted for possession of tools for making counterfeit credit cards, he will face a wobbler.

Penalties for misdemeanor conviction:

  • Up to six-months in a county jail.
  • A fine up to $1,000

Penalties for felony conviction:

  • 16 months, two or three years in а county jail
  • A fine up to $10,000

California Penal Code Section 484j

This crime involves deliberately sharing credit card information, including PIN numbers, passwords or other private account information with intention to defraud an entity or person.

Penalties for Violating California PC Section 484j

PC Section 484j is a misdemeanor, punishable by:

  • Up to six-months in a county jail
  • A fine up to $1,000

Are you in need of an attorney in Los Angeles, CA? A Glendale criminal defense lawyer at KAASS LAW can provide you with the legal assistance you require.

California Credit Card Fraud Video

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