Credit card fraud (also known as credit card abuse) is a criminal offense in every state and includes a broad range of fraudulent uses of credit or debit cards. Laws vary from state to state, and some states have separate criminal offenses for related crimes, such as the manufacturing of counterfeit credit cards.
Credit card fraud generally includes (1) using a stolen or illegally obtained credit or debit card to obtain goods or services; (2) using a fictitious credit or debit card or account number to obtain goods or services; (3) stealing a credit or debit card or, with knowledge that it has been stolen, receiving a credit or debit card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder; (4) buying a credit or debit card from a person the buyer knows is not the issuer of the credit card (a bank); (5) selling a credit or debit card when the seller is not the authorized issuer of the card (a bank); (6) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—provides goods or services based on the presentation for payment of a credit or debit card the merchant knows is forged, expired, or revoked; or (7) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—fails to furnish goods or services it represents to the card issuer in writing that it has furnished.
The laws regarding criminal offenses related to credit card fraud are usually located in a state’s statutes—often in the penal or criminal code.
In Indiana, credit card fraud is considered a serious criminal offense and is covered under Indiana Code Title 35. Criminal Law and Procedure, specifically in IC 35-43-5, which deals with fraud and related activity. The state's statutes define various forms of credit card fraud, including but not limited to unauthorized use of a card, possession of a card or card information without consent, using a card knowing it is expired or revoked, and using a card to defraud a merchant. Additionally, Indiana law addresses the possession, production, or transfer of counterfeit credit cards. Penalties for credit card fraud in Indiana can range from Class A misdemeanor to Level 5 felony, depending on the severity of the offense, the value of the fraud, and the criminal history of the offender. The state also has provisions for related crimes such as forgery and identity deception, which can be charged in conjunction with credit card fraud. It is important for individuals accused of credit card fraud to consult with an attorney to understand the specific charges and potential defenses available to them.