Credit card fraud is when someone uses your credit card or credit account to make a purchase you didn't authorize. This activity can happen in different ways. For example, if you lose your credit card or have it stolen, it can be used to make purchases or other transactions, either in person or online. And fraudsters can also steal your credit card account number, PIN and security code to make unauthorized transactions, without needing your physical credit card—unlawful transactions like these are known as card-not-present fraud.
Identity theft involves the use of illegally obtained information about you, like your name, birthday, Social Security number, credit card numbers and more, in order to use existing credit accounts or open new ones in your name. When this happens, criminals capture the spending power of your credit while you get stuck with the bill.
In Texas, credit card fraud is considered a serious criminal offense and is covered under various statutes. Texas Penal Code Section 32.31 criminalizes credit card or debit card abuse, which includes using a card without the owner's consent, using a fake or expired card, or stealing a card with the intent to use it. The severity of the offense can range from a state jail felony to a third-degree felony, depending on factors such as the amount of the fraudulent transaction and the defendant's criminal history. Additionally, identity theft is addressed under Texas Penal Code Section 32.51, which makes it illegal to obtain, possess, transfer, or use someone's personal identifying information without their consent for the purpose of harm or fraud. This can include using someone's information to open new credit accounts or make unauthorized transactions. The penalties for identity theft can also vary, with the potential for more severe punishment based on the amount of economic loss caused and other circumstances. Victims of credit card fraud or identity theft in Texas are encouraged to report the crime to law enforcement and may also contact the Texas Attorney General's office for assistance in dealing with the consequences of such crimes.
