Penal Code 484g PC – Fraudulent Use of a Credit Card

Penal Code 484g PC makes it a crime to use a credit or debit card to obtain goods, services or money when you know the card to be fake, forged, expired, invalid, or belonging to someone else. This offense can be charged as a misdemeanor or a felony and carries a penalty of up to 3 years in jail.

The full text of the law states that:

484g. Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.

“Fraud” occurs when a person tries to gain an undeserved benefit through deceit.

Examples

• Tim steals a credit card and tries to purchase some clothes with it.
• Roberto takes his girlfriend’s expired debit card and buys camera equipment with it.
• April takes the credit card information from her roommate and uses it to make online purchases from Amazon.

Defenses

Luckily, there are several legal defenses that a defendant can raise. These include showing that the accused:

• did not intend to defraud,
• acted with the consent of the cardholder, and/or
• was under duress.

Penalties

A person that violates this code section is guilty of petty theft, under Penal Code 484. If a defendant fraudulently uses a credit card, and as a result receives items that exceed $950, the accused is charged with grand theft, under Penal Code 487.

While petty theft is charged as a misdemeanor, grand theft is a wobbler offense, which means it can be charged as either a felony or a misdemeanor.

Both offenses are punishable by:

• imprisonment in the county jail, and/or
• a substantial fine.

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is the definition of credit or debit card fraud?
• 2. How can a person fight a 484g PC charge?
  • 2.1. No intent to defraud
  • 2.2. Consent of the cardholder
  • 2.3. Duress
• 3. What is the potential sentence?
• 4. Are there related credit card fraud laws?
  • 4.1. Stealing a credit card – PC 484e
  • 4.2. Publishing credit card information – PC 484j
  • 4.3. Shoplifting – PC 459.5

Penal Code 484g PC makes it a crime for a person to fraudulently use another person’s credit or debit card.

1. When is the definition of credit or debit card fraud?

Penal Code 484g PC is the California statute that makes it a crime for a person to fraudulently use another person’s credit or debit card.

The code section says that a person commits a crime when he knowingly uses a:

• stolen,
• altered,
• counterfeit,
• forged,
• expired or
• revoked

credit or debit card (or credit or debit card information) to obtain money, goods, services or anything else of value.¹

Please note a PC 484g violation will only occur if the defendant acts:

• with the intent to defraud, and
• without the cardholder’s consent.²

To “defraud” or to do something “fraudulently” means to try and gain an undeserved benefit by using trickery or deceit.

2. How can a person fight a 484g PC charge?

A person can try to challenge a PC 484g accusation by raising a legal defense. A good defense may work to reduce or even dismiss a charge.

Three common defenses to Penal Code 484g charges include:

1. no intent to defraud,
2. consent of the cardholder, and/or
3. duress.

2.1. No intent to defraud

Please recall that a person can only be guilty of fraudulently using a credit or debit card if he does so with an intent to defraud. This means that it is always a legal defense for a defendant to show that he did not have this requisite intent.

2.2. Consent of the cardholder

Please also recall that a defendant is only guilty of violating PC 484g if he acts without the cardholder’s consent. Therefore, a solid legal defense is for an accused to show that a credit card owner agreed to his suspicious actions or purchases.

2.3. Duress

Duress is a legal defense in which an accused basically says: “He made me do it.” The defense applies to the very limited situation in which a person commits a crime (here, fraudulently using a credit card) because somebody threatened to kill him if the crime was not committed.

A violation of this law can result in a fine and/or jail time

3. What is the potential sentence?

A person that violates this code section is guilty of petty theft, under Penal Code 484.³ If a defendant fraudulently uses a credit card, and as a result receives items that exceed $950, the accused is charged with grand theft, under Penal Code 487.⁴

Petty theft is a misdemeanor under California law.⁵ The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.⁶

Grand theft is a wobbler offense under California law, 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, and/or
• a maximum fine of $1,000.⁷

If charged as a felony, the offense is punishable by:

• imprisonment in the county jail for up to three years, and/or
• a maximum fine of $10,000.⁸

4. Are there related credit card fraud laws?

There are three laws related to PC 484g, fraudulent use of a credit card. These are:

1. stealing a credit card – PC 484e,
2. publishing credit card information – PC 484j, and
3. shoplifting – PC 459.5.

4.1. Stealing a credit card – PC 484e

A person violates Penal Code 484e PC when he sells, transfers or acquires a credit or debit card, or the credit or debit card account information, without the true cardholder’s consent.⁹

A person that violates PC 484e is guilty of grand theft, under Penal Code 487.¹⁰ Grand theft is a wobbler offense under California law, meaning that it can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail, and/or
• a substantial fine.¹¹

4.2. Publishing credit card information – PC 484j

Penal Code 484j prohibits publishing any information about a credit or debit card, personal identification number, computer password, bank account information, etc. with the intent to defraud another person or entity.

PC 484j is charged as a misdemeanor and the offense is punishable by:

• up to six-months in jail, and/or,
• a maximum $1,000 fine.¹²

4.3 Shoplifting – PC 459.5

Shoplifting is a crime in California per Penal Code 459.5.

PC 459.5 defines “shoplifting” as:

• entering an open business,
• with the intent to steal merchandise worth $950 or less.¹³

A violation of this code section is typically charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.¹⁴

Contact us for help…

Contact us for additional help.

If you or someone you know has been accused of a crime, per California Penal Code 484g, we invite you to contact us for a free consultation. We can be reached 24/7.

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