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 Montana, credit card fraud is considered a serious criminal offense and is covered under Montana Code Annotated (MCA) Title 45, Chapter 6, Part 3. The statutes define various fraudulent activities involving credit or debit cards, including but not limited to: using a stolen or illegally obtained card to purchase goods or services; using a fictitious card or account number; stealing, receiving, selling, or transferring a card with fraudulent intent; and merchants providing goods or services with knowledge of the card being forged, expired, or revoked, or failing to provide goods or services while claiming to have done so. These offenses can range from misdemeanors to felonies depending on the severity of the fraud, the amount of money involved, and the criminal history of the offender. Penalties may include fines, restitution, and imprisonment. It is important for individuals accused of credit card fraud in Montana to consult with an attorney to understand the specific charges and potential defenses.