If you take someone else’s debit or credit card and use it without permission, you could be charged with fraud in Muskogee. You could face misdemeanor or felony charges for the unauthorized use of a credit card in Oklahoma. Also, being found in possession of a credit or debit card that belongs to someone else is considered a theft in Muskogee, Oklahoma.
What is Unauthorized Use of a Credit Card in Oklahoma?
To willingly use or attempt to use a credit or debit card that belongs to someone else without the owner’s permission is considered unauthorized use of a credit card in Oklahoma. You can also be charged with unauthorized use of a credit card if you use a card that has been revoked or canceled, and the issuer has sent notice to the cardholder.
In the above-mentioned scenarios, it is wrong to use a card to buy goods or obtain services; obtain, deposit, or transfer funds; or get a cash advance. This applies to transactions attempted in person, over the phone, or on the internet. Okla. Stat. tit. 21 § 1550.2
You Could Face Felony Charges
Felony charges may be filed against a defendant if they are found in violation of the Oklahoma Credit Card Act.
Oklahoma laws also prohibit stealing a credit or debit card, obtaining one by any false pretenses, or receiving one that the recipient knows is taken for any purpose (including selling the card). Okla. Stat. tit. 21 § 1550.22
If a defendant is found to have engaged in a series of crimes that have resulted in a recurring transfer of property or money, police can pursue a single felony charge rather than multiple misdemeanor charges. Okla. Stat. tit. 21 § 1550.33
Elements of the Crime
To be convicted of the illegal possession of the credit or debit card of another, the state must prove the following two elements beyond the shadow of a doubt.
First, possession of a credit or debit card.
Second, by a person other than the cardholder or a person authorized by the holder.
When facing charges of credit card theft, the state must prove the following elements of the crime.
First, taking a credit or debit card
Second, from the possession or custody or control of another
Third, without the cardholder’s consent.
First, receiving a credit or debit card
Second, with the intent to use or sell it or transfer it to a person other than the issuer or the cardholder
Third, knowing that the credit or debit card was taken
Fourth, from the possession or custody or control of another
Fifth, without the cardholder’s consent.
First, receiving, holding, or concealing a credit or debit card
Second, which had been lost or mislaid
Third, under circumstances which gave him or her knowledge or cause to inquire as to the actual owner
Fourth, and appropriating the credit or debit card to his or her use or the use of another not entitled to it.
If you get someone else’s credit or debit card and fraudulently obtain $500 or less, you could charged with a misdemeanor in Muskogee. This is punishable by up to 30 days in jail, a fine of up to $500, or both.
If what is obtained fraudulently is worth more than $500, the crime is still a misdemeanor is Muskogee. You could spend up to a year in jail, pay a fine of between $500 and $1,000, or both.
Felony charges can lead to up seven years in prison. A fine of up to $3,000 may be assessed in lieu of or in addition to incarceration.
A defendant can pursue possible defenses of mistake and permission. The accused can argue that he or she had permission to have the credit cards or use them. The defendant can also say that there was a mistake in trying to use the credit cards, and thus it was not unlawful.
If you are facing charges of unauthorized use and possession of a credit or debit card, you should talk to a criminal defense lawyer in Muskogee, OK as soon as you can.
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