- Home
- Attorneys
- DUI DWI
- Traffic
- Criminal
- Domestic
- Contact Us
- Blog
Credit card fraud in Virginia falls under VA. Code §18.2-195. It entails the deliberate use of a credit card to gain value, with the perpetrator intending to deceive. There exist various methods through which one can engage in this unlawful act within the state of Virginia.
Using a stolen or lost credit card or number knowingly is deemed a crime under VA. Code §18.2-195(1)(A). Conviction for this offense requires the Commonwealth to establish that the defendant:
Knowingly using a revoked or expired credit card to gain any value is prohibited under VA. Code §18.2-195(1)(A). To secure a legal action for credit card fraud in Virginia pursuant to this provision, the Commonwealth must demonstrate that the accused:
Committing credit card fraud in Virginia encompasses several actions as outlined in the Virginia Code. One way involves fraudulently using someone else’s credit card as if it were their own, detailed in VA. Code §18.2-195(1)(b)(i). This occurs when an individual:
Additionally, under VA. Code §18.2-195(1)(b)(ii), Virginia credit card fraud can occur when someone gains something of value by falsely claiming to possess an unissued credit card or credit card number.
Furthermore, Virginia law also considers it credit card fraud under VA. Code §18.2-195(1)(c) to utilize a credit card as collateral for a debt with the intention of defrauding another party.
In Virginia, another instance of credit card fraud, as outlined in VA. Code §18.2-195(1)(d), occurs when someone knowingly obtains funds surpassing their available credit limit with the intention to deceive. This transgression manifests in two ways:
According to VA. Code §18.2-195(2)(b), it constitutes credit card fraud in Virginia to offer anything of value when presented with a misplaced, stolen, expired, or revoked credit card. The responsibility lies with the Commonwealth to demonstrate the perpetrator’s intention to deceive. Typically, intent to defraud is evidenced by the merchant’s awareness that the card was stolen, lost, expired, or revoked.
According to VA. Code §18.2-195(2)(b), Virginia credit card fraud occurs when a merchant fails to deliver money, goods, services, or any other promised value after indicating to a credit card issuer that the goods have been provided to the cardholder
Virginia credit card fraud, as outlined in VA. Code §18.2-195(2)(C), takes place when a merchant bills a credit card issuer for an amount exceeding what the cardholder has authorized.
Conspiring to commit credit card fraud (VA. Code §18.2-195(4)) is consistently treated as a Class 6 felony, punishable by a maximum of 5 years in prison and a fine of up to $2500. This offense occurs when individuals conspire to commit credit card fraud within Virginia or conspire in Virginia for credit card fraud to occur elsewhere.
Virginia credit card fraud may be prosecuted as either a misdemeanor or a felony, depending on the fraudulent value obtained. If the value obtained is less than $200 within a 6-month period, it is considered a misdemeanor, punishable by jailtime of up to 12 months and a potential fine of $2500. If the value exceeds $200 within the same period, it is deemed a felony, carrying a possible penalty of 5 years of imprisonment and a fine of up to $2500.
Section 18.2-195: Offenses, Conspiracy, and Penalties Related to Credit Card Fraud
(1) An individual commits credit card fraud when, with the intention to deceive another person, they:
(a) Utilize a credit card or credit card number that has been obtained or retained unlawfully under Section 18.2-192, or a credit card or credit card number that they know to be expired or revoked, with the aim of acquiring money, goods, services, or any other valuable item;
(b) Obtain money, goods, services, or any other valuable item by falsely claiming:
(i) To be the authorized holder of a specific card or credit card number without the consent of the cardholder, or
(ii) To possess a card or credit card number that has not actually been issued;
(c) Gain control over a credit card or credit card number as collateral for a debt; or
(d) Obtain funds from an issuer through the use of an automated device of the issuer or via a third party, knowing that such withdrawal will exceed the credit limit provided by the issuer, along with any remaining balances available from the issuer.
(2) Any individual authorized by an issuer to provide money, goods, services, or any other valuable item upon presentation of a credit card or its number by the cardholder, or any representative or employee of such individual, commits credit card fraud when, with the intention to deceive the issuer or the cardholder, they:
(a) Provide funds, commodities, amenities, or any valuable asset in exchange for the exhibition of a credit card or its number procured or retained unlawfully under § 18.2-192 or a credit card or its number recognized to be expired or invalidated.
(b) Fail to provide money, goods, services, or any other valuable item that they have represented, or caused to be represented, in writing or by any other means to the issuer that they have provided; or
(c) Provide an issuer or acquirer with a transaction record involving a credit card or credit card number that exceeds the monetary amount authorized by the cardholder.
(3) Conviction of credit card fraud results in differing punishments based on the value involved. If the value of all money, goods, services, or other items obtained unlawfully is $200 or less in any six-month period, it is deemed a Class 1 misdemeanor. However, if the value exceeds $200 in the same period, it is considered a more serious offense, classified as a Class 6 felony.
(4) Additionally, any individual who conspires, collaborates, or joins forces with another person, either within or outside the Commonwealth, to commit credit card fraud within the Commonwealth, or collaborates within the Commonwealth to commit such fraud either within or outside its borders, is guilty of a Class 6 felony.