Virginia Credit Card Criminal Laws & Defenses Explained by Defense Lawyer

VIRGINIA CREDIT CARD AND CREDIT CARD NUMBER THEFT

Under Virginia law, if you obtain another person’s credit card or credit card number, without their knowledge or consent; or, even if you just receive or buy the credit card or credit card number from someone without personally stealing it but you intend to use it or sell it, or to transfer it to a person other than the issuer or the cardholder, you are responsible for the larceny under VA Law 18.2-192. Same goes for keeping a credit card or credit card number that you know was lost, mislaid, or delivered but still retain possession of it with intent to use it, to sell it, or to transfer the credit card or credit card number to a person other than the issuer or the cardholder. Under VA Law 18.2-194, possession of 2 or more credit cards, or 2 or more credit card numbers, which don’t rightfully belong to you is primary evidence that in fact, you violated Virginia law 18.2-192.

All credit card theft offenses are punished as grand larcenies in Virginia.

CREDIT CARD FORGERY

Creating, making, or uttering a fake or forged credit card with intent to defraud, with or without attempting to use it, is credit card forgery under Virginia Law 18.2-193. Same goes for signing a credit card not issued to you. Same goes for forging a sales draft or cash advance/withdrawal draft; using a credit card number of a card that was not issued to you; and, attempting to utter the forged draft knowing it to be forged. All of these acts are punishable as a Class 5 felony, carrying up to 10 years in prison, and as high as a $2,500.00 fine.

CREDIT CARD FRAUD & CONSPIRACY TO COMMIT CREDIT CARD FRAUD

Virginia credit card fraud can take place in a variety of different ways and through all kinds of circumstances. The following is a partial list of the particular acts of fraud that are listed in VA Law 18.2-195 as examples of credit card fraud:
(1) if you purchase anything with a credit card that was stolen, or that you know has expired or been revoked;
(2) if you purchase anything with a credit card that doesn’t belong to you by representing or telling a cashier that the credit card is yours, when in fact you are using it without consent or permission of the account holder;
(3) if you purchase anything with a credit card number that was never issued by the credit card company by representing or telling a cashier that the credit card number is yours;
(4) if you take or somehow obtain a credit card or credit card number as a security or collateral for a debt;
(5) if you are a business owner or an employee who provides money, goods, or services to a person who you know is using a stolen, fake, expired, or revoked credit card;
(6) if you are a business owner or an employee who charged a card for goods or services, but never provided the goods or services to the purchaser;
(7) if you are a business owner or an employee who charged a higher price on the credit card transaction than was told to / agreed upon by the purchaser.

Each of these offenses is guided by Virginia’s Larceny law. As such, as long as the value of the fraud is less than $200.00, the offense will be charged as a Class 1 misdemeanor with a maximum penalty of 12 months in jail and a $2,500.00 fine. If, however, the value of fraud exceeds $200.00 in a 6-month time frame, a conviction for the same credit card fraud will be punished as a Class 6 felony, with a maximum penalty of 5 years in prison and a $2,500.00 fine.

Virginia VA Code Section 18.2-195 also penalizes conspiring with another to commit credit card fraud as a Class 6 felony. (1) The act of conspiring with someone to commit credit card fraud that is to take place in the Commonwealth of Virginia, and also (2) a conspiracy that is planned in Virginia but was to take place in another state, are equally punished under this section.

VIRGINIA CREDIT CARD FRAUD OFFENSES FOR SALESMEN – “CREDIT CARD FACTORING”

Salesmen, store owners, employees, and agents can easily commit the fraud crime of credit card factoring by falsifying charges or attempting to bill a credit card company for transactions that didn’t take place. If this is done intentionally, then the crime under Virginia law 18.2-195.1 is a Class 5 felony, with a potential maximum of 10 years in prison and a $2,500.00 fine. If this is done unintentionally but without authorization, then you can still be guilty of a Class 1 misdemeanor, punishable by a maximum jail sentence of 12 months and a $2,500.00 fine.