New Criminal Offense for Possessing or Using Fraudulent Debit or Credit Cards

HB 2625, or the Texas Fraudulent Use or Possession of Credit Card or Debit Card Information, establishes a new criminal offense as of September 1, 2019. Codified at Tex. Pen. Code § 32.315, individuals now commit a crime if they obtain, possess, transfer, or use, with the intent to harm or defraud others, any of the following items:

  • A counterfeit credit card or debit card
  • The number and expiration date of a credit card or debit card without the cardholder’s consent
  • Data stored on the digital imprint of a credit card or debit card without the cardholder’s consent

This offense is a state jail felony if the individual charged obtained, possessed, transferred or used five credit or debit cards or less. However, the offense is a third-degree felony if the person obtains more than five but less than ten cards, a second-degree felony if the person obtains more than ten but less than 50 cards, and a first-degree felony if the person obtains more than 50 cards.

New Criminal Offense for Possessing or Using Fraudulent Debit or Credit Cards

Since this offense is a felony, anyone who faces a conviction will have a permanent felony record, which results in collateral consequences, such as the inability to possess firearms under federal law. Additionally, a felony conviction may result in substantial terms of imprisonment, ranging from 180 days in jail to life in prison in the case of a first-degree felony conviction. Individuals also can face fines of up to $10,000 for a felony conviction, plus court-ordered restitution to any victims who sustained financial losses as a result of the offense. The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges, including traffic-related charges. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our criminal defense attorneys today.

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