Credit Card Fraud Defense in CaliforniaCalifornia Penal Code § 484e

California Penal Code § 484e is the crime of stealing credit cards or using stolen credit cards.

This crime involves selling, transferring, acquiring or otherwise possessing the credit card or credit card information of another person without that other person’s consent.

To be convicted of grand theft under Penal Code § 484e, the prosecution must prove all of the following:

1. The person intended to defraud another,
2. The person sold, transferred, or conveyed a credit card, AND
3. The person did so without the cardholder’s or issuer’s consent

Under Penal Code § 484e(b) it also grand theft to do any of the following:

• Acquire the credit cards of four or more persons within a twelve month period
• Acquire or retain possession of access card account information with respect to an access card validly issued to another person, without the cardholder’s or issuer’s consent, with the intent to use it fraudulently
Under Penal Code § 484e(c), it is petty theft to acquire or retain possession of an access card without the cardholder’s or issuer’s consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer

What is the punishment for violating Penal code § 484e?

Grand theft is a wobbler offense meaning that it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged as a felony, the offense is punishable by imprisonment in the county jail for up to three years.

What are the defenses to Penal Code § 484e?

• You had permission to use the credit card
• You did not know the credit card belonged to someone else