Theft of credit card information occurs when there is an unauthorized acquisition and use of another person's credit card information for fraudulent purposes. Most offenders obtain the card number, expiration date, and security code and use it for fraudulent means, including making unauthorized purchases or acquiring cash advances. Theft of credit card information occurs through various means, including skimming devices, data breaches, phishing scams, and physical theft of the card itself.
Theft of Credit Card Information Under California Law
Penal Code 484e deals with the unauthorized use of personal identifying information. This code makes it illegal to use another person's personal identifying information, for example, their name, address, or credit card number, to commit fraud.
Criminal Acts Under Penal Code 484e
PC 484e covers a variety of criminal acts related to the unauthorized use of another person's personal identifying information. Some examples of the actions covered under this code section include:
- Using someone else's credit card information to make unauthorized purchases
- Stealing someone's identity and using it to open bank accounts or obtain loans
- Impersonating another person online or over the phone to steal their personal information
- Selling another person's personal identifying information to others for illegal purposes
The specific circumstances of each case will determine if it falls under the provisions of PC 484e. Additionally, it is worth noting that PC 484e specifically applies only to the unauthorized use of personal identifying information and does not cover other types of identity theft or fraud.
Elements Prosecutors Must Prove in a Penal Code 484e Violation Case
Prosecutors must prove several elements beyond a reasonable doubt to secure a conviction. These elements are:
- Use of personal identifying information — The defendant must have used another person's personal information. The state should furnish the court with evidence linking the defendant with obtaining the victim’s name, credit card number, or Social Security number.
- Without authorization — The defendant must have used the personal identifying information without the victim’s permission.
- With the intent to defraud or deceive — The defendant must have used the personal identifying information to defraud or deceive someone. The state makes its case by demonstrating to the jury how the defendant made authorized purchases or opened bank accounts in the victim’s name.
- Resulting in harm — The defendant's use of the personal identifying information must have resulted in harm or injury to the victim. For example, the defendant’s actions should have led to unauthorized charges on the victim’s credit card or a damaged credit score.
The jury will convict if the prosecutor proves these elements beyond a reasonable doubt. The exact penalty will depend on the circumstances of the case and the defendant's criminal history.
Most Common Legal Defense Strategies
Several legal defense strategies can be used in cases involving the theft of credit card information. The ideal pick depends on the case's specific circumstances. Some of the most common defense strategies include:
a) Lack of Intent
If you did not have the intent to defraud or deceive someone, you cannot be convicted of violating Penal Code 484e. This defense applies if you accidentally use someone else's personal identifying information without realizing the consequences.
The lack of intent defense argues that you did not have the intent to defraud or deceive someone when you used another person's personal identifying information. This is a critical element of the crime, and if the prosecution cannot prove that you had the intent to defraud or deceive, they cannot secure a conviction.
For example, if the defendant used a friend's credit card information to purchase a product without realizing that it was illegal. They could argue that they did not intend to defraud or deceive. In this scenario, the defendant could not have known that his/her actions were illegal or in violation of Penal Code 484e.
Keep in mind that the lack of intent defense must be supported by evidence. It is not always successful in getting the charges dropped or reduced. An experienced criminal defense attorney can help evaluate this defense's strength and advise if it is the best legal strategy.
b) Authorized Use
In some situations, you have permission to use the credit card. If so, you do not isolate PC 484e.
The authorized use defense asserts that you had permission to use the personal identifying information. If you can show that your accuser permitted you to use the credit card information, the prosecution will have failed to prove your guilt beyond a reasonable doubt.
For example, if you used a family member's credit card with their permission, you had the owner’s permission. Thus, you are not violating PC 484e, even if you used the card to make unauthorized purchases.
To successfully use the authorized use defense, you must provide evidence of the permission. You could submit emails or text messages permitting you to use the credit card. With the help of an experienced criminal defense attorney, you can gather and present this evidence to the court.
Note: Even with permission, a defendant could still be responsible for the unauthorized charges if he/she exceeded the terms of the approval. In these cases, the defendant could face civil liability. However, the defendant would not face criminal charges.
c) No Credit Card
A no credit card defense points to a situation where a defendant did not possess the credit card as claimed by the victim.
For example, if the defendant used someone else's credit card information to make purchases online. However, he/she never physically had the card in his/her possession.
However, this defense may only be successful in some cases. PC 484e covers the unauthorized use of personal identifying information, not just credit card information. So even if the defendant did not have the credit card physically in their possession, if they used the information to defraud or deceive someone, he/she can still be charged under PC 484e.
The success of the no credit card defense depends on the specific circumstances of the case and the interpretation of the law by the court.
d) Mistaken Identity
Your accuser could mistake you for the actual perpetrator. In this case, asserting mistaken identity as a defense is applicable. You will have to show that they did not use the personal identifying information on the card.
For example, if someone else used the defendant's computer or phone to commit the crime, the defendant could raise this defense.
You should provide evidence that another individual used personal identifying information. This requires providing witness statements, computer or phone records, or other physical evidence.
The aim here is to create a reasonable doubt. If this defense is successful, the court will drop the charges.
However, it is worth noting that proving mistaken identity can be challenging and requires a thorough investigation of the facts and evidence.
e) Insufficient Evidence
The court will dismiss your charges if the state lacks sufficient evidence to secure a conviction.
Asserting that the prosecution lacks sufficient evidence to convict suggests that prosecutors do not have adequate evidence to prove all of the elements of the crime beyond a reasonable doubt. This means that the prosecution must prove that you used someone else's personal identifying information without authorization, with the intent to defraud or deceive, and that this resulted in harm or injury to the victim.
If the prosecution's evidence is not strong enough to meet this standard, through your attorney, you can argue that there is insufficient evidence to support a conviction.
For example, if the prosecution does not have sufficient evidence to prove that you intended to defraud or deceive, or if the evidence linking the defendant to the crime is circumstantial, you can raise this defense.
It is worth pointing out that this defense is not a guarantee of acquittal. However, it can help to cast doubt on the prosecution's case and increase the chances of a favorable outcome for the defendant.
Can Claiming Necessity be an Appropriate Defense?
The necessity defense is a legal defense applicable in some cases. Defense attorneys argue necessity when they seek to excuse an otherwise criminal behavior. Attorneys will assert that the defendant committed the crime because it was necessary to prevent more significant harm, such as in the case of an emergency.
In most cases, the necessity defense is unlikely to be successful. This is because using another person's personal identifying information without their permission, even in an emergency, is still considered a criminal act under Penal Code 484e.
However, should you opt for this defense, you must show that you had no other legal options available. Further, the harm you sought to prevent was more significant than the harm caused by stealing or using credit card information. By doing so, you increase the chances of a favorable outcome.
It would be challenging to make this argument, as the unauthorized use of personal identifying information is considered a grave offense that can result in significant harm to the victim. However, remember that each case is unique, and the specific defense strategies will depend on the circumstances.
Penalties Under Penal Code 484e
Penalties for violating PC 484e vary depending on the circumstances of the case and the defendant's criminal history.
A first-time violation of Penal Code 484e is generally considered a wobbler. You can either face misdemeanor or felony charges.
If charged as a misdemeanor, you can face up to one year in county jail and a fine of up to $1,000. If charged as a felony, you risk facing up to three years in prison and a fine of up to $10,000.
Repeat offenders or those who use personal identifying information to commit more serious crimes, like identity theft or fraud, could face more severe penalties, including longer prison sentences and higher fines.
Note: A conviction under Penal Code 484e can also result in other consequences, like a damaged credit score, difficulty obtaining credit in the future, and a criminal record. All these consequences make it more difficult to find employment or housing.
Related Crimes
Prosecutors could opt to charge you with additional crimes alongside PC 484e violations. In other situations, they could drop the crest card information theft charges and pursue any of the following crimes. Before deciding what charges you should face, prosecutors consider your criminal past and the circumstances of the case.
a) Fraudulent Use of a Credit Card – A Violation of PC 484g
Penal Code 484g makes it illegal to use a credit card with the intent to defraud or deceive someone.
Under Penal Code 484g, it is illegal to use a credit card that does not belong to you or to use someone else's credit card information without their permission, with the intent to make purchases or obtain cash or goods. The law applies to physical credit cards and information acquired electronically.
To secure a conviction, prosecutors must prove the following elements beyond a reasonable doubt:
- The defendant used a credit card.
- The credit card did not belong to the defendant.
- The defendant used the credit card to defraud or deceive someone.
- The defendant knew that the credit card was not theirs or that they were not authorized to use it.
A defendant could be convicted under PC 484g even if they did not benefit financially from the fraudulent credit card use. The critical factor is that the defendant used the credit card with the intent to defraud or deceive someone.
In some cases, the prosecution could also need to prove that the defendant made a purchase or obtained cash or goods using a credit card. This will depend on the specific facts of the case and the language of the charging document.
Penalties for a PC 484g Violation
Penalties for violating Penal Code 484g vary depending on the circumstances of the case and the defendant's criminal history.
A first-time violation is generally charged as a wobbler. This means you could face misdemeanor or felony penalties.
If charged with a misdemeanor, you risk facing up to one year in county jail and a fine of up to $1,000. If charged with committing a felony, you could face up to three years in prison and a fine of up to $10,000.
b) Publishing Credit Card Information – A PC 484j Violation
It is an offense under Penal Code 484j to publish or otherwise distribute someone else's credit card information without his/her permission.
Under Penal Code 484j, publishing or distributing someone else's credit card information is illegal. Sharing details, including the credit card number, expiration date, and security code, with the intent to defraud or deceive someone will result in criminal charges. This includes posting the information online, sending it through email or text, or selling it to others.
Penalties for a PC 484j Violation
Penal Code 484j violations are wobblers. Prosecutors can pursue misdemeanor or felony charges.
Should you face misdemeanor charges and the jury finds you guilty, you could face up to one year in jail and pay a fine of up to $1,000. Subsequently, if convicted on felony charges, the penalties increase to three years in prison and a fine of up to $10,000.
c) Petty Theft – PC 484 and 488
Penal Code 484 and Penal Code 488 make it illegal to steal property valued at $950 or less. This crime is often referred to as petty theft.
Under Penal Code 484 PC, it is illegal to take someone else's property without their permission and with the intent to deprive them of the property permanently. This can include taking someone else's property directly, like picking someone's pocket or stealing their wallet. Indirect methods of stealing, for example, embezzlement or fraud, also count as actions that would result in charges under PC 484.
Penal Code 488 makes taking another person’s property valued at $950 or less. This crime is sometimes referred to as petty theft by larceny.
Penalties Under PC 484
Penalties for violating PC 484 and PC 488 vary depending on the circumstances of the case and the defendant's criminal history.
A first-time violation of either law is generally charged as a misdemeanor. Convictions result in up to six months in county jail and a fine of up to $1,000.
Like the theft of credit card information, a conviction for the above-mentioned related offenses also poses significant and life-changing consequences if convicted. You risk adding new charges to your criminal record. A criminal record directly impacts your ability to secure housing, employment, credit, and favorable insurance rates.
Additionally, if you have prior theft convictions, the charges for a new petty theft offense can be elevated to a felony. Thus, resulting in up to three years in prison. You, therefore, need the assistance of a reputable and experienced criminal defense attorney.
Find an Experienced Van Nuys Criminal Defense Attorney Near Me
If you are facing prosecution for a Penal Code 484e violation in Van Nuys, it is best to take immediate action and protect your rights. An experienced criminal defense attorney can help you navigate the legal process and defend yourself against the charges. At Leah Legal, our record speaks for itself. We have assisted and represented numerous clients charged with various offenses, including theft of credit card information, secure favorable outcomes. Contact us today at 818-484-1100 for a case assessment.