Is Taking Someone’s Credit Card Number a Crime in California?

If you steal a person’s credit card — or credit card information — you could be charged with a crime.

Is Taking Someone’s Credit Card Number a Crime in California?

In modern society, many people rely exclusively on credit and debit cards — and rarely use cash to make purchases. Credit and debit cards are convenient, but they do present certain risks, such as someone taking the card itself or taking the numbers from your card and then making purchases on your card.

As a criminal attorney in Rancho Cucamonga, CA can explain, doing either act is a form of credit card fraud — and is illegal under California law. Stealing a credit card can lead to a felony or misdemeanor charge, depending on the circumstances of the offense.

A prosecutor may charge this crime if one of two things occurs:

  1. A person sells, transfers, or acquires a credit or debit card without the consent of the cardholder, and does so with the intent to defraud; or
  2. A person keeps another person’s credit or debit card information without their consent, and does so with the intent to use the information fraudulently.

For example, if you work at a restaurant and take credit card information over the phone, you could be charged with a crime if you write down a customer’s credit card information for the purpose of using it to buy something for yourself later.

There are a number of potential defenses to this charge. A criminal attorney in Rancho Cucamonga, CA may argue that you didn’t have the intent to defraud when you took a credit card or kept the card information. In the example above, if you wrote down the customer’s credit card information because your payment system was down, so you were going to enter it later, once it was working again, that would not be credit card theft.

Credit card theft is a form of grand theft, which is a wobbler offense. This means that it may be charged as either a felony or a misdemeanor. As a misdemeanor, it is punishable by up to 1 year in county jail and/or a fine of up to $1,000. If it is charged as a felony, the potential punishment may be a jail term of up to 3 years and/or a fine of up to $10,000.

Importantly, this offense is limited to taking a credit or debit card or information from the card. If you use the card, then you may be charged with an additional offense — fraudulent use of a credit card. The punishment for this crime depends on the value of the items purchased with the stolen card or card information.

If you have been accused of credit card theft or any card related to credit card fraud, the Chambers Law Firm can help. We will aggressively defend you against all criminal charges, standing by your side throughout the process. To learn more or to schedule a free initial consultation with a criminal attorney in Rancho Cucamonga, CA, contact us today at 714-760-4088 or dchambers@clfca.com.

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