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 New Mexico, credit card fraud is considered a serious criminal offense and is covered under the New Mexico Statutes Annotated (NMSA), specifically under the Fraudulent Use of a Credit Card (NMSA 1978, Section 30-16-33). The statute encompasses various acts of fraud including using a stolen or illegally obtained credit or debit card, using fictitious card information, and possessing or transferring stolen cards with fraudulent intent. It also criminalizes the actions of merchants who, with intent to defraud, accept a known forged, expired, or revoked card, or fail to provide goods or services they claim to have furnished. Penalties for credit card fraud in New Mexico vary depending on the value of the goods or services fraudulently obtained and can range from misdemeanor to felony charges, with potential fines and imprisonment.