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How Serious Is Credit Card Fraud?

Illinois Credit Card Fraud Laws

Illinois Criminal Code, 720/5/17-31 et. seq. outlines the laws concerning credit card or debit card fraud. Under the statutes, it is illegal for a person to:

  • Make a false statement or claim to obtain a credit or debit card. This offense occurs when a person makes or (directly or indirectly) influences the making of an inaccurate written statement that they know to be false (concerning their employer, identity, address, etc.) intending to procure a credit or debit card. This crime is a Class 4 felony.
  • Possess another person’s credit or debit card. This offense occurs when a person obtains a credit or debit card from the person, possession, custody, or control of someone else without consent or knowingly take a credit or debit card they know has been obtained without consent to use it, selling it, or give it to someone who is not the cardholder. This crime is a Class 4 felony. However, violators can be charged with a Class 3 felony if, within a 12-month period, they committed this offense concerning the possession of 3 or more credit or debit cards.
  • Possess another person’s identification card (ID). This offense occurs when a person, intending to defraud another, possesses any check guarantee card, key card, or ID used for cash dispensing machines without the account holder or financial institution’s permission or consent. This crime is a Class A misdemeanor. However, if within the last 12 months a person has violated this law consecutively or at the same time (with 3 or more cards), they can be charged with a Class 4 felony. Alleged offenders can also be charged with a Class 4 felony if they violate this statute if the property they obtained within 90 days exceeds $150.
  • Possess a lost or misplaced credit or debit card. This offense occurs when a person obtains a credit or debit card they know has been lost and then keeps the card to use it, sell it, or give it to another person (that is not the cardholder). This crime is a Class 4 felony. However, alleged offenders can be charged with a Class 3 felony if they violate this law in a single transaction with respect to 3 or more cards each issued to different cardholders.
  • Use a credit or debit card that is counterfeited, forged, expired, revoked, or unissued. This offense occurs when a person, intending to defraud the card issuer, sales associate, or another person, uses an illegally obtained card (without the cardholder’s consent) or a card they know is counterfeited, forged, expired, or revoked to obtain items or goods; a person also commits this offense if they try to obtain or obtain items of good by acting as if the card is their own without the consent of the cardholder and the card is unissued. This crime is a Class 4 felony if the value of the items obtained or sought is under $300 (within 6 months) and a Class 3 felony if the value of the items is over $300.
  • Use a credit or debit card with the intent to defraud. This offense occurs when a cardholder uses or allows another person to use their card to defraud the card issuer, a sales associate, or another person. This crime is a Class A misdemeanor if the value of the items is under $150 (in 6 months) and a Class 4 felony if the value is over $150 (in 6 months).
  • Sell or purchase a credit or debit card. This offense occurs when a person sells or purchases a credit or debit card without the car issuer’s consent. This crime is a Class 4 felony. However, if within a single transaction, a person sells or purchases 3 or more cards (with different cardholders), they can be charged with a Class 3 felony.
  • Use a credit or debit card as debt security. This offense occurs when a person, intending to defraud the card issuer, a sales associate, or another, retains control of a card as security for debt or transfers or gives control of the card over as security for a debt. This is a Class 4 felony.
  • Receive goods or services concerning credit card fraud. This offense occurs when a person knowingly receives items obtained after a violation of any of the other credit card fraud laws. This crime is a Class A misdemeanor if the value of the items or services does not exceed $150 (within 6 months) and a Class 4 felony if the value is over $150.
  • Sign another person’s card to defraud. This offense occurs when a person, who is not the cardholder, signs a credit or debit card intending to defraud the issuer or another party. This crime is a Class A misdemeanor.
  • Alter a credit or debit card. This offense occurs when a person, with the intent to defraud, alters a card or possesses a card that they know has been altered. This crime is a Class 4 felony.
  • Create a counterfeit credit or debit card. This offense occurs when a person, with the intent to defraud another, counterfeits or possesses a counterfeit purported credit or debit card knowingly. This crime is a Class 3 felony.
  • Defraud credit or debit cardholders using electronic transmissions. This offense occurs when a person intends to defraud another person and intercepts, taps, or alters electronic information at a fund transfer terminal or uses a line, wire, or transmission to send a transmission to a card issuer or fund transfer terminal. This is a Class 4 felony.

Penalties for Crimes Involving Credit or Debit Card Fraud

As previously mentioned, the charges vary based on the specific offense. The specific penalties are as follows.

  • Class A misdemeanor. A conviction can be penalized by up to 1 year in jail and a fine of up to $2,500
  • Class 4 felony. A conviction can be penalized by 1-3 years in prison (or 3-6 years with an extended-term) and a fine of up to $25,000
  • Class 3 felony. A conviction can be penalized by 2-5 years in prison (or 5-10 years with an extended-term) and a fine of up to $25,000

Convicted felons can also face social consequences after serving their criminal sentence, including but not limited to:

  • Difficulty finding a job
  • Housing discrimination
  • Loss of gun rights
  • Loss of job licenses

Possible Legal Defenses

If you are accused of a crime concerning credit or debit card fraud, the prosecution will need to prove beyond a reasonable doubt that you knowingly and intentionally committed the specific offense. Possible defenses against credit card fraud charges include:

  • Lack of knowledge
  • Lack of criminal purpose or intent
  • Compulsion
  • Police entrapment
  • Juvenile defendant
  • Insanity

At the Law Office of Steven Fine, we aggressively fight for our client's rights and freedoms. If you have been accused of credit card fraud, contact our firm today online or at (312) 436-0638. The sooner you reach out, the sooner we can get to work.

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